Real Estate and Land Use

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Overview

The attorneys in our Real Estate & Land Use Practice assist clients in all facets of commercial and industrial real estate: buying, selling, leasing, development, financing, and ownership. We have the knowledge, resources, and practical experience to provide timely and pragmatic responses to our clients’ real estate needs throughout New England.   Our attorneys assist municipal, public and private sector clients in developing projects from inception to final result.

We work with municipalities, developers, lenders, and landowners to obtain necessary approvals, variances, and permits from state, local, and federal boards and agencies, and we advise landowners and other interested parties regarding proposed projects and responsible development. Our attorneys have obtained permitting for dozens of high profile residential, industrial, institutional and commercial projects in the Greater Concord area and throughout New Hampshire.

We represent our clients before a variety of tribunals, including zoning boards of adjustment, planning boards, conservation commissions, the Board of Tax and Land Appeals, state and federal boards and agencies, the New Hampshire District, Superior and Supreme Courts, and the region’s federal courts.

Practice Focus

Permitting by State and Local Boards and Agencies

  • Obtaining land use approvals and permits for retail, commercial, institutional, industrial, and transportation-related developments, as well as for residential developers and landowners
  • Obtaining permits from state boards and agencies to meet development goals, including dock and wetlands permits
  • Permitting and expansion of industrial uses, including state and federal permitting under environmental laws
  • Assisting with eminent domain proceedings on the behalf of landowners

Goal-Directed Project Development and Advising

  • Addressing land use issues associated with proposed wind energy and other renewable energy facilities, including gas and biomass
  • Advising towns and landowners regarding proposed installation of cellular towers
  • Creating conservation easements for conservation organizations, municipalities and private landowners
  • Advising developers on LEED-certified and other green projects, as well as conservation open space development
  • Counseling companies in the utility, energy, and communications industries related to acquiring, expanding, and financing projects
  • Financing of projects and purchases, including tax credit and equity investor financings
  • Advising developers, lenders, and owners about condominium development, bylaws, and dispute resolution
  • Working with elderly and affordable housing developers and lenders
  • Negotiating commercial leases, including national retail leases
  • Counseling sellers or purchasers in all aspects of a real estate transaction – negotiating and documenting the purchase agreement, lease or like-kind exchange documents
  • Providing title examination and issue title insurance policies
  • Negotiating construction contracts
  • Assisting lenders in secured-lending transactions and protecting their investments in declining economic conditions
  • Representing borrowers in negotiating sophisticated financing arrangements, sale/lease-back and like-kind exchanges
  • Resolving boundary and real-estate disputes, including providing boundary line agreements and quieting title

Tax and Municipal Policy Issues

  • Achieving property tax abatements for utilities and private commercial and residential landowners, and addressing eminent domain issues
  • Helping municipalities and developers draft ordinance amendments to address local concerns or development changes
  • Working with legislators and other governmental officials to draft legislation addressing development or local land use concerns
  • Providing support and advice for tax-enhanced, tax increment, and new market tax credit financed projects
  • Forming the entity (or entities) needed to accomplish our client’s project (LLCs, limited partnerships), and provide tax planning advice

Representative Matters

  • Coordinated the acquisition, sale, financing (both debt and private equity), and franchising of multiple portfolios of hotels
  • Advised clients on all aspects of wind energy developments, including local permitting issues, petitions to quiet title, community outreach and site selection issues
  • Obtained permitting for developments throughout the state, including multi-million dollar office buildings and office parks, industrial facilities and industrial parks, residential subdivisions, retail shopping centers and stores, restaurants, schools, recreational facilities, hotels, workforce housing developments, condominium and multi-family residential complexes and healthcare facilities
  • Represented the developers in the above transactions with the financing of those projects, including tax credit transactions and complex financing structures
  • Coordinated the sale of 10 hydro-electric facilities in multiple jurisdictions
  • Served as special counsel to a number of municipalities on complex zoning and zoning enforcement cases
  • Successfully defended a dock owner from attempts by municipal government to limit its use
  • Advised numerous municipalities and private property owners on wireless telecommunications siting issues, and litigated Telecommunications Act claims in Federal Court
  • Successfully assisted a nonprofit advocacy group in opposing a proposed amendment to renewable energy laws
  • Successfully litigated an eminent domain case, obtaining a jury award in excess of $1,000,000
  • Represented municipalities in eminent domain cases
  • Negotiated and drafted numerous conservation easements
  • Represented gas pipeline and hydroelectric companies in condemnation actions

Industries Served

  • Assisted living and nursing homes
  • Automobile and motorcycle dealerships
  • Banks and financial institutions
  • Charities and Non-Profits
  • Condominiums
  • Education
  • Financial services
  • Franchising
  • Health care
  • Hospitality
  • Hospitals
  • Leasing
  • Manufacturing, heavy and light
  • Physicians
  • Real estate development
  • Renewable energy
  • Residential care facilities
  • Shopping centers
  • Title insurance
  • Utilities
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How Can We be of Service?

The trusted attorneys at Orr & Reno have been bringing sound judgment
and a practical approach to New England’s legal challenges for over 70 years.

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