Columns and Insights

Insights and Issues

NAIOP’s government affairs team publishes articles quarterly in Development magazine and publishes blog posts bi-weekly in the Market Share blog on legislative issues affecting the commercial real estate industry. Below are the most recent articles.


Market Share Blog Posts

View the full archive of legislative blog posts.

Development Magazine Articles

Construction Defects Litigation Reform in Colorado

Development, Fall 2017

Advocacy

Five years, a coalition of more than 55 organizations and 41 mayors, nearly $900,000 spent on social media and communications, and countless hours at the negotiating table finally resulted in victory around the issue of “construction defects litigation reform” in Colorado.

Read more about Construction Defects Litigation Reform in Colorado.

A Regulatory Framework for a New Administration

Development, Summer 2017

Advocacy

Uncertainty about how the Trump administration will fulfill its promises to vastly decrease the number of federal regulations is creating uncertainty for the CRE industry.

Read more about A Regulatory Framework for a New Administration.

National Groups Shift Focus to Cities

Development, Spring 2017

Advocacy

NAIOP and its members must be on the lookout for local initiatives driven by national organizations that could impact commercial real estate.

Read more about National Groups Shift Focus to Cities.

How the Endangered Species Act May Impact Commercial Development

Development, Winter 2016/2017

Advocacy

Developers must understand how federal and state regulatory policies may delay the real estate development process.

Read more about How the Endangered Species Act May Impact Commercial Development.

NAIOP Arizona Blocks Energy Benchmarking Ordinance

Development, Fall 2016

Advocacy

NAIOP’s Arizona chapter, asserting that “shaming” building owners is not productive, formed a coalition that helped pass legislation to preempt cities from requiring owners to report building energy consumption.

Read more about NAIOP Arizona Blocks Energy Benchmarking Ordinance.

Landmark Legislative Victory Makes Tax Extenders Permanent

Development, Summer 2016

Advocacy

NAIOP’s efforts helped lead to the passage of the PATH Act of 2015, which makes permanent several critical CRE-related tax provisions, providing increased predictability for investment decisions.

Read more about Landmark Legislative Victory Makes Tax Extenders Permanent.

Congress Finally Acts on Transportation Investments

Development, Spring 2016

Advocacy

NAIOP support helped lead to the passage of a long-term transportation bill, the FAST Act, that will fund U.S. highways and transit systems for the next five years.



Read more about Congress Finally Acts on Transportation Investments.

New Federal Water Rule Creates Confusion for Developers

Development, Winter 2015/2016

Advocacy

A new rule that aims to clearly define which waters are federally protected results in more confusion than clarity.

Read more about New Federal Water Rule Creates Confusion for Developers.

Banking Regulations Could Mean Trouble For Construction Financing

Development, Fall 2015

Advocacy

New regulations have made lending to commercial real estate development more costly for financial institutions.

Read more about Banking Regulations Could Mean Trouble For Construction Financing.

Commercial Real Estate Advocacy and the Energy Debate

Development, Summer 2015

Advocacy

NAIOP has helped build a coalition that supports sound energy policy for the built environment.  

Read more about Commercial Real Estate Advocacy and the Energy Debate.

Tax Reform Alive and Well Within Statehouses

Development, Spring 2015

Advocacy

The tax reform debate is still going strong in state legislatures across the nation, and NAIOP and its members must remain engaged.

Read more about Tax Reform Alive and Well Within Statehouses.

Like-Kind Exchanges on the Tax Reform Chopping Block

Development, Winter 2014

Advocacy

Prior to the 2014 elections, key members of Congress critical to advancing comprehensive tax reform put forth several proposals that raised concerns for the commercial real estate industry. One of these was the elimination of what are known as “like-kind” exchanges under the current Section 1031 of the tax code.

Read more about Like-Kind Exchanges on the Tax Reform Chopping Block.

New Rule Could Change Landscape Regarding Protected Waters

Development, Fall 2014

Advocacy

The question of who has control over our nation’s bodies of water has been debated among landowners, the federal government, and state and local authorities for years. Developers attempting to clarify which bodies of water receive federal protection, which are under the control of the states and which are unregulated have frequently been baffled. On numerous occasions, the U.S. Supreme Court has weighed in, but confusion remains.

Read more about New Rule Could Change Landscape Regarding Protected Waters.

NAIOP San Diego Instrumental in Overturning Linkage Fee Increase

Development, Summer 2014

Advocacy

NAIOP San Diego achieved an important legislative victory this spring. The chapter successfully organized a coalition of more than 50 companies and business organizations, the Jobs Coalition, which led the recent “Stop the Jobs Tax” effort to overturn an ordinance adopted by the San Diego City Council.

Read more about NAIOP San Diego Instrumental in Overturning Linkage Fee Increase.

A Congressional Perspective: Representative Gary G. Miller

Development, Spring 2014

Advocacy

Republican Rep. Gary G. Miller represents California’s 31st Congressional District in the U.S. House of Representatives. He is vice chairman of the Financial Services Committee and a senior member of the Transportation and Infrastructure Committee. Development magazine recently spoke with Miller about various policies and politics that have the potential to impact the commercial real estate industry in 2014 and beyond.  

Read more about A Congressional Perspective: Representative Gary G. Miller.

Terrorism Risk Insurance Program an Industry Priority in 2014

Development, Winter 2013

Advocacy

The U.S. Capitol was consumed this fall with budget showdowns, government shutdowns and legislative gridlock. As a result, public policy issues of importance to the commercial real estate industry — including the future direction of tax policy, energy legislation and transportation funding — have been left unresolved. As we move into 2014, we can add to this list of unfinished business another item: renewal of the federal terrorism risk insurance program.

Read more about Terrorism Risk Insurance Program an Industry Priority in 2014.

Koontz Decision Moves the Needle in Favor of Property Owners

Development, Fall 2013

Advocacy

State and local governments, through their individual permitting and regulatory processes, play a critical role in the size, scope, and cost of all types of commercial real estate projects, from new development to the restoration of existing commercial buildings and warehouses. With 50 states and more than 89,000 local units of government in the U.S., the permitting and regulatory structure can be complicated, unpredictable, inconsistent, and/or bureaucratic, depending on the local jurisdiction. 

Read more about Koontz Decision Moves the Needle in Favor of Property Owners.