Land Use and Development
We have significant large-scale development experience in representing clients through the entire lifecycle of a real estate development project, from property assemblage and entitlement through financing, leasing, and disposition. We frequently counsel clients on the best approaches to property assemblage—including option agreements, purchase and sale agreements, ground leases, and when necessary, the use of eminent domain in partnership with participating governmental agencies—and alternatives for the ownership and control of developments through the use of limited liability companies, land trusts, and joint ventures. We routinely negotiate and document the agreements essential to successful development projects, such as reciprocal easement agreements (REAs); covenants, conditions, and restrictions (CCRs); owner's association or condominium declarations, bylaws, and rules and regulations; and utility and rights-of-way easements and development agreements. We also counsel clients on solutions to minimize the costs of large-scale development projects, including development incentives (e.g., tax increment financing, sales tax rebates, property tax rebates), public financing, impact fees, and development exactions.