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REAL ESTATE

The Real Estate group at Moss & Barnett is composed of seasoned, pragmatic and responsive practitioners who are pledged to protecting the legal rights of clients while working collaboratively with opposing parties to achieve ultimate closure. This practice group works regularly with developers, lenders, buyers, sellers, landlords and tenants, business owners and property management companies. We also work with title companies, surveyors, brokers, environmental consultants, appraisers and governmental entities.

The services offered by our real estate group include:

  • Buying and selling real estate
  • Retail, industrial and residential development
  • Communications and power transmission infrastructure development
  • Commercial leasing
  • Environmental compliance and assessment
  • National Environmental Policy Act (NEPA)
  • Use of tribal lands and non-tribal lands with religious or cultural significance
  • Land use regulation and zoning
  • Representing borrowers and lenders in local and national financing and refinancing
  • Government-assisted housing programs
  • Condemnation
  • Real estate tax protests and appeals
  • Boundary line disputes
  • Title to registered lands (Torrens proceedings)
  • Title insurance matters
  • Identification and resolution of title and survey problems
  • Receiverships
  • Real Estate
  • Tax deferred exchanges
  • Tenants in common investments and ownership structures

Financing Transactions

Several of our real estate practitioners routinely represent lenders in a wide range of financing transactions for a variety of real estate projects, including construction loans, forward commitments, bridge and term loans, permanent loans, and revolving lines of credit. These transactions may include a single property or consist of a complex multiple-property pool transaction in multiple jurisdictions.

Multifamily Housing Finance

Our attorneys are recognized nationally for their work in multifamily housing finance involving the closing and delivery of loans secured by multifamily projects to secondary market investors such as Freddie Mac and Fannie Mae. They have developed relationships with these investors and expertise in understanding evolving program requirements and documentation. These practitioners have a diverse experience in closing loans secured by multifamily product, whether it is market-rate or affordable, senior housing or assisted-living facilities, condominiums or cooperatives, new construction or rehabilitation. Clients include some of the nation’s largest real estate investment banks, national and state banking associations, and life insurance companies.

National Wireless Communication Providers

Many of our real estate lawyers work with national wireless communications providers in the acquisition and development of wireless network infrastructure, including the related electrical, fiber optic and wireline facilities to support those systems in a number of states throughout the Upper Midwest.

This group also handles the acquisition, development and zoning of regional switching centers and cell site zoning, as well as the acquisition of a multitude of various real property interests acquired from other carriers. These projects include a number of issues that all developers should consider, including:

  • The environmental condition of the real estate
  • The National Environmental Policy Act (NEPA)
  • Issues related to Native Tribal lands and non-Tribal lands with cultural or religious significance
  • Title to real estate
  • Standardizing agreements with current landowners for the conveyance of lands that need not be condemned
  • Analyzing the business risks attendant to acquiring below-par property

To this end, our lawyers work directly with the client’s outside environmental and acquisition consultants as well as the client’s non-lawyer employees.

Extranet

In order to perform our work efficiently, we have refined a system that uses a secure, web-based Extranet to track project status and manage document flow, without compromising confidential information. This system is available to clients on a selective basis.


Related Firm News and Articles
Four New Attorneys Have Joined the Firm
(June 2008 Firm Newsletter)

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News

Real Estate

[02/02] Preferred Apartment Communities, Inc. Increases Quarterly Dividend
[02/02] PulteGroup Reports Financial Results for 2011 Fourth Quarter

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Case Summaries

Landlord Tenant

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Property Law & Real Estate

[01/27] Matter of Meruelo Maddux Properties, Inc.
In Chapter 11 bankruptcy proceedings involving the question whether the debtor was subject to the single asset real estate provisions of the Bankruptcy Code, the district court's holding that the single asset real estate provisions applied is affirmed, where: 1) the debtor, which existed solely to operate a 92-unit apartment complex, could be characterized as a single asset real estate debtor under the Bankruptcy Code; 2) the plain language of the Code gives no basis for a "whole business enterprise" exception to single asset real estate debtor status that would allow the court to consider parent corporation and sister subsidiaries; and 3) the district court did not err in its approach to granting relief from the automatic stay by leaving questions about whether the debtor timely took timely corrective action to the bankruptcy court in the first instance.

[01/25] Otay Mesa Property, L.P. v. US
On appeal from a decision of the United States Court of Federal Claims awarding plaintiffs $3,043,051, plus interest, for the temporary taking of a blanket easement over five parcels of land and limiting the government's liability to the taking of an easement over those five parcels and limiting the period of the taking to April of 1999 to October of 2008, the judgment is affirmed in part and vacated in part, where: 1) the Claims Court erred when it concluded that the government's taking of the easement was a temporary rather than a permanent physical taking, resulting in an erroneous calculation of the plaintiffs' damages; and 2) the Claims Court did not err in limiting the government's liability.

[01/25] General Development Co., L.P. v. City of Santa Maria
On appeal from a judgment of dismissal entered in favor of the City of Santa Maria after the trial court ruled that a developer's petition for writ of mandate was time barred by Government Code section 65009 for failure to timely challenge the denial of a zone change, judgment is affirmed, where the trial court did not err in ruling that City's denial of the developer's rezoning application was a "decision of a legislative body to adopt or amend a zoning ordinance" within the meaning of section 65009.

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