Regulatory Process and Infrastructure Provision

Evaluate the elements of the regulatory process that impact the form, entitlement, and financial performance of property developments and investments, and alternative methods and techniques to provide cost-effective infrastructure provision.

Like property law, it is crucial that a developer has detailed knowledge of the regulatory process. The proper due diligence must be completed before the construction phase can begin, and much of that due diligence involves going through the many phases of the regulatory process.

In LDEV 687, we had an assignment to write a memorandum as if we were giving our final recommendation to an investment group regarding the pursuit of a condominium/marina project in Bradenton, Florida. We did this by reviewing the seller’s due diligence documents and site analysis data. Among these documents were the city plan, soils study, water survey, environmental site assessment, engineer’s proposal, and traffic impact analysis. The project was a high-rise condominium complex on the beach, with a marina on the property. Through our analysis, we had to review every document we were given and render a verdict on whether or not the investment group should pursue the project. This included reviewing the city ordinances to make sure the original plans adhered to them. The height of one of the buildings in the original plan was actually higher that the city ordinance allowed, so we had to stipulate that it needed to be changed if the project were to go forward. In the end, our group decided to terminate the contract and stop pursuing the project. We felt there were too many financial and environmental risk factors that would render the project infeasible.

Click below to read my team’s memorandum.