Land Use & Zoning
No real estate project comes out of the ground without careful planning concerning land use issues and zoning regulations. Balch’s combination of real estate industry experience, environmental and permitting expertise, and our litigation skill set allows us to help clients see potential difficulties before they arise and to take advantage of unexpected opportunities. Whether a project is large or small, we want to guide it forward without unpleasant surprises.
We advise clients on land use and zoning issues throughout every phase of a project. Questions can arise on many topics, from site selection, purchase agreement contingencies, tax and other economic incentives associated with particular uses, creation and compliance with restrictive covenants and owner association rules, the pursuit of zoning variances and modifications, challenging the application of particular regulations, easements, annexation, title and title insurance coverage issues and disputes, mineral and mining issues, water and drainage rights and obligations, environmental risks and responsibilities, condemnation and eminent domain, and leasing and licensing.
In addition, we have extensive experience representing energy industry and financial services clients on real estate, environmental, and litigation matters. This experience gives a unique perspective on territory within our footprint and of how other players in a project, such as lenders and environmental regulators, will approach land use and zoning issues for projects. We are concerned not only that a project comply with the law, but that the vendors and partners necessary for the project to succeed will not raise unforeseen difficulties.
Our clients include developers, investors, owners, sellers, brokers, and lenders on commercial and mixed use developments, major industrial projects in energy and manufacturing, residential subdivisions, health care facilities and medical office buildings, timber and mineral projects, multifamily projects and condominiums, and clients whose intensive use of real estate is incidental to their primary business, such as public utilities, banks, and pharmacies.
Environmental Risk Analysis and Permitting: We help would-be purchasers evaluate potential environmental risks with particular pieces of property and obtain any necessary permits for development of brownfields or other property with environmental issues or historic/cultural challenges.
Variances: We represent property owners and developers in the pursuit of zoning variances and parking modifications for a variety of projects.
Litigation and Condemnation: We represent property owners and developers on challenges to zoning ordinances and restrictions, annexations, condemnations, and title disputes.
Easements: We represent property owners and prospective purchasers and sellers on the development of easements for all manner of uses, from parking to electrical transmission.
Homeowner/Property Owner Associations: We create and represent homeowners associations and represent individual property owners in negotiations and disputes with owner associations.
Interstate Land Sales Full Disclosure Act. We advise developers with respect to compliance and exemptions available under the Interstate Land Sales Full Disclosure Act.