Throughout our dynamic and diverse practice, our real estate attorneys SUCCESSFULLY ASSIST CLIENTS to conclude all aspects of real estate transactions.

REAL ESTATE LEGAL SERVICES

Our real estate attorneys assist our seller, purchaser, developer, and lender clients to negotiate and document their commercial, industrial, residential, or agricultural property development purchases, sales, leases, or financing. Our real estate attorneys aid clients with the full array of legal services—including title review and examinations—necessary to complete transactions involving:

• Sales and acquisitions
• Leasing
• Conventional and tax credit financing
• Tax-deferred exchanges
• Eminent domain
• Condominiums
• Cooperatives
• Development
• Zoning
• Annexation
• Subdivision
• Related land use
• Easements

We also actively represent cities, pipeline and utility companies, and private landowners in eminent domain proceedings.

TAX IMPLICATIONS REPRESENTATION

Our real estate attorneys coordinate with our Tax, Estate Planning & Employee Benefits attorneys to offer a thorough analysis of the tax implications involved in real estate transactions.

Highly skilled in Section 1031 tax-deferred exchanges, our real estate attorneys represent property owners in appropriately structuring Section 1031 transactions to achieve tax-deferred benefits. We handle ad valorem property tax assessment matters, including:

• Negotiations with assessing bodies
• Representation of taxpayers in property tax protests
• Representation in assessment appeals to the courts

We advise developers, lenders, and equity participants regarding historic, low/moderate income housing, enterprise zone, and other tax credits. We assist with formation and documentation of associated ownership structures.

COMMERCIAL REAL ESTATE FINANCE

National in scope, our Commercial Real Estate Finance practice is integral to our real estate practice. Our commercial real estate attorneys handle permanent and construction loans, as well as loan servicing matters for insurance companies and other institutional lenders.

We regularly represent regional developers and landowners, primarily in the Midwest, in acquisition of land rights and with land use issues for complex projects such as wind farms and large commercial facilities.

MULTIDISCIPLINARY SERVICES

When a real estate project is financially challenged, our attorneys provide comprehensive services across our practice areas. Our attorneys help solve clients’ problems through:

• Voluntary pre-litigation workouts (including deeds in lieu of foreclosure and contract forfeiture)
• Receiverships
• Foreclosures of commercial, agricultural, and residential mortgages on all types of properties, including hotels, motels, shopping centers, agricultural land and facilities, retail property, and bankruptcy cases.

If litigation becomes necessary, our trial-seasoned Construction & Real Estate Litigation team represents clients in disputes.

EXPERIENCED CLIENT REPRESENTATION

Our real estate attorneys assist clients in a wide variety of real estate transactions in Iowa and across the country.

• Assisted clients in $90 million acquisition of rendering facilities located in 12 states.
• Assisted client with $9.7 million sale of six nursing homes.
• Represented seller in $18 million sale of bare land.
• Represented clients in acquisition and development of data center projects.
• Acquisition and development of an 800-acre golf course community in central Iowa. Legal services to the client involved land acquisition; preparation of documents establishing community covenants and homeowners’ association; negotiation with government entities and utility service providers regarding agreements for property taxes, community services, and utilities to the community; and providing required legal documentation to the project’s lenders.
• Acquisition and development of an 80-acre industrial park subdivision in Ames, Iowa. Legal services to the client involved land acquisition, obtaining tax increment financing district status for the project from the City of Ames, subdivision financing matters, and development of subdivision covenants.
• Advise a senior retirement community on compliance, financing, and expansion issues. The community consists of 137 owner-occupied condominium units and a 40-bed health care center managed by a homeowners’ association.
• Represented private developer in lease purchase transaction for construction and ultimate sale of combined public-private parking facility.
• Routine representation of real estate developers and contractors in the purchase and development of residential, commercial, and industrial subdivisions.
• Regularly represent real estate investors and property managers in the purchase, financing, leasing, management, and sale of real estate assets.
• Routinely represent buyers and sellers in sales and purchases of office buildings.
• Routinely represent sellers and buyers in acquisition and development of bare and improved land.
• Routinely draft commercial leases for tenant relating to property being substantially improved by landlord for the benefit of tenant and containing an option to purchase by tenant.
• Routinely draft and review purchase agreements relating to the purchase of commercial real estate.
• Assist clients with purchases, sales, and leasing of grain facilities, river terminals, and industrial facilities.
• Assisted service company client with acquisition of new headquarters and related tax-exempt financing and disposition of existing property.
• Represented real estate development company and its partners in REIT transaction involving sale of commercial properties for cash and partnership units exchangeable for REIT stock.
• Advise and assist clients in structuring tax-deferred exchanges under Internal Revenue Code §1031, including complex reverse exchanges, tenant-in-common exchanges, construction exchanges, and personal property exchanges.
• Advise and assist real estate owners, developers, and investors to structure the acquisition, ownership, and disposition of real estate to minimize federal, state, and local property taxes.
• Regularly represent property owners in tax appeal disputes before local assessors, boards of review, and in court. Our property tax appeal experience covers a broad spectrum of property types, including regional hotel convention centers, large industrial manufacturing facilities, grocery store chains, shopping mall anchor department stores, big box retailers, regional shopping centers, centrally assessed utilities, and a wide variety of other commercial properties.
• Represented housing developer in property acquisition and financing of $8 million low/moderate income housing project in historic building.