Reviving Dormant Real Estate Projects: Legal Considerations

Evaluating and Assessing Land Use Entitlements, Discretionary Approvals, and Other Key Issues

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, June 5, 2013

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will discuss legal considerations when reviving a dormant real estate project. The panel will focus on land use entitlements, discretionary approvals and other key issues.


As the commercial real estate market continues its rebound, dormant projects are beginning to move forward. There are a number of legal considerations for developers and their counsel related to restarting and completing stalled projects.

Developers must determine what development rights were originally granted, including land use entitlements and discretionary approvals, and whether any of the development rights have vested. Further, if the existing project is no longer viable, what level of further environmental review would be required for the revised project?

When changes to a dormant project are anticipated, developers should consider whether the potential costs make the project economically viable, especially the costs of a more protracted subsequent environmental review process.

Listen as our panel of experienced real estate attorneys explains key legal considerations when restarting and completing stalled real estate projects.



  1. Due diligence to determine existing entitlements
  2. Determining whether entitlements have lapsed
  3. Determining whether entitlements have vested
  4. Determining whether further environmental review is necessary


The panel will review these and other key questions:

  • What are the key legal risks and considerations for developers and their counsel related to restarting and completing stalled projects?
  • How can counsel to developers mitigate and manage legal risks inherent in restarting stalled projects?
  • How can developers' counsel determine what land use entitlements have vested?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


David P. Waite
David P. Waite

Cox, Castle & Nicholson

He has practiced land use and environmental law for over 20 years. His real estate development practice includes...  |  Read More

Ellen Berkowitz
Ellen Berkowitz

Gresham Savage Nolan & Tilden

She provides strategic, legal, business and political advice to clients involved in the development of real property....  |  Read More

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