Category Real Estate, Construction & Environmental

Less is More - New Requirements for Iowa Groundwater Hazard Statements

When it comes to real estate transactions, brokers, agents, lenders, and attorneys tend to use phrases and jargon that—while not always completely clear to non-industry folks (including their clients)—are generally known and understood by their industry counterparts. A common example are the varied references to closing documents, sometimes noted... Read More

New ASTM Standard for Commercial Real Estate Phase I Environmental Site Assessments

On November 1, 2021, the American Society of Testing and Materials (ASTM) International released its revised standards for conducting an environmental site assessment of a parcel of commercial real estate. The new standard updates the previous standard released in 2013. Now referred to as ASTM E1527-21, the ASTM standard is widely used to satisfy... Read More

Iowa Property Tax Protests & Appeals

The Iowa property tax is a tax on “real property”, which includes (among other things) land, buildings, structures, or improvements constructed on or attached to land. Assessments of real property occur every two years, in odd-numbered years.   The assessment is intended to be the actual or market value for most property taxes. Iowa Code Chapter... Read More

U.S. Supreme Court to Take on WOTUS Definition

The U.S. Supreme Court recently announced that it will hear an appeal on a Waters of the U.S. (WOTUS) case in the case of Sackett v. U.S. Environmental Protection Agency. A decision from the Supreme Court will hopefully clarify the scope of WOTUS, which, though it is only a definitional gap, has far reaching impacts for what types of waters can be... Read More

BrownWinick Attorneys Named to 2022 Best Lawyers® List

BrownWinick is pleased to announce that 21 lawyers have been included in the 2022 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. BrownWinick would like to congratulate the following attorneys named to the 2022 The Best Lawyers... Read More

Eviction and Foreclosure Prevention Program

  In an effort to reduce the number of evictions and foreclosures in the State of Iowa due to the pandemic, Governor Reynolds created the COVID-19 Eviction and Foreclosure Prevention Program. This program provides rental assistance or mortgage assistance for up to four months for a household who has had a reduction in income due to the pandemic.... Read More

Clarification Provided on Remote Notarizations

  On March 24, 2020, the Iowa Secretary of State issued guidance for remote notarizations. It clarifies that remote notarization must comply with Section 6 of Senate File 475 and Iowa Administrative Code 721-43, Iowa Code chapter 9B, as summarized in our previous post, Remote Notary Now an Option. Per the Iowa Secretary of State’s guidance, remote... Read More

Remote Notary Now an Option

  Iowa law requires a notary officer to acknowledge real estate documents that will be recorded, including deeds and mortgages. For years, the acknowledgement required the party signing the document to personally appear before a notary officer. Personal appearance did not include appearances that require video, optical, or similar technology.... Read More

Effects of COVID-19 on 1031 Exchange Deadlines

  Following President Trump’s emergency declaration on March 13, 2020, with respect to the COVID-19 outbreak, the U.S. Treasury Department (the “Treasury Department”) and Internal Revenue Service (“IRS”) issued guidance on special payment relief to individuals and businesses. However, as of the date of this post, no extensions or other relief... Read More