Expertise
Getting your vision off the ground requires a legal team with the know-how to make things happen.
We support the real estate, land use, finance, litigation, bankruptcy, and business transactions needs of the companies with which we work. Although each group is focused on providing exceptional service in their designated area of law, they work together to provide holistic, proactive and thoughtful counsel to each client.
Practice Areas
Bankruptcy & Troubled Loans
Business Transactions & Capital Markets
Eminent Domain
Land Use
Litigation
Real Estate
Real Estate Finance
Industries
Agriculture
- Acquisition and sale of agricultural properties and businesses
- Management agreements
- Grazing and crop leases
- Land lease issues
- Mortgage lending
- Financing of agricultural operations
- Water rights
- Oil, gas and mineral rights
- Wind and solar energy development leases and royalties
- Electricity transmission access and owner’s rights
- Tax issues, including property tax appeals
- Easement access and related disputes
- Land owner’s rights
- Land conservation
- Foreclosures, bankruptcies and workouts of troubled loans
- Litigation and dispute resolution related to real property issues
Construction
- AIA contracts
- Design, project management, and construction contracts
- Permitting and utilities
- Financing/refinancing
- Entity formation and joint ventures
- Corporate matters
- Tax
- Easement issues
- Construction and design defect litigation
- Mechanics’ lien issues
Education
- Acquisition of real property; purchase and sale agreements
- Land use approvals
- Design and construction agreements
- Permitting and utilities
- Entity formation
- Leasing and tenant finish negotiations
- Financing and loans for operations of educational businesses
- Acquisition due diligence
- Entitlement, survey and zoning reviews
- Review of appropriate licenses and agreements
- Representation of clients in landlord/tenant disputes and litigation
- Corporate matters
Energy-Alternative Energy, Oil and Gas
- Real estate and land use acquisition due diligence
- Site selection and evaluation
- Annexation, zoning, subdivision and related entitlements
- Infrastructure financing and public finance arrangements
- Urban renewal, sales and other tax sharing arrangements
- Traditional acquisition, construction and investment financing
- Wind and solar farm leasing (landlord and tenants)
- Joint ventures
- Land leasing
- Easements and right-of-way access
- Site control, permitting and environmental assessment
- Public lands and Indian lands right-of-way
- Renewable portfolio standards
- Eminent domain and condemnation proceedings
- Design and construction agreements
- Federal, state and local tax incentives
- Mineral, wind and solar rights
- Underground and surface infrastructure development
- Leasehold mortgages and surrender of property at the expiration of leases
Green Building
- Federal, state and local statutory and code compliance
- Urban renewal, and brownfield and greenfield development
- Conventional equity and debt financings for development acquisitions and construction projects
- Conservation easements and similar open space set-asides
- Structuring and management of residential and commercial planned communities, and related declarant responsibilities
- Employee and affordable housing
- Homebuilder construction warranty and other liability issues
- Liabilities associated with marketing and advertising practices
- Green leasing issues
Healthcare/Medical Office Buildings
- Acquisition of real property; purchase and sale agreements
- Land use approvals
- Design and construction agreements
- Permitting and utilities
- Entity formation
- Leasing and tenant negotiations
- Financing and loans for medical office buildings
- Acquisition due diligence
- Entitlement, survey and zoning reviews
- Representation of clients in landlord/tenant disputes and litigation
- Corporate matters
Homebuilding
- Single-family housing developments
- Townhomes
- Condominiums
- Timeshares
- Mixed-use projects
- Planned community developments
- Land use planning
- Acquisition and disposition
- Project financing
- Entity formation and joint ventures
- Project management and development agreements
- Land development
- Zoning and entitlements
- Community development
- Colorado Common Interest Ownership Act (CCIOA) documents
- Project documents and secondary market financing compliance
- Regulatory agency review and approvals
- Project design and construction contracts
- Lease and use agreements
- Water rights
- Natural resources and energy issues
- Tax
- Special districts
- Construction and construction defect litigation
- Litigation and dispute resolution
Hospitality and Resorts
- Land use planning issues
- Acquisition and disposition
- Project financing
- Mergers and acquisitions
- Joint ventures
- Management and operating agreements
- Property development
- Rebranding
- Franchise agreements
- Zoning and entitlements
- Master redevelopments
- Regulatory agency review and approvals
- Project design and construction contracts
- Leases and use agreements
- Water rights and natural resources issues
- Alcoholic beverage regulatory issues
- Tax and tax credits
- Timeshare, condominium and mixed-use projects
- Conservation easements
- Federal and state lands issues
- Litigation
Lending and Finance/Investment Banking
- Commercial and real estate secured loans
- Secured, revolving and non-revolving lines of credit
- FHA multi-family project loans and affordable housing financing
- Deeds of trust and other securitized instruments
- Letters of credit
- Agriculture, timber and natural resource financing
- Alternative energy (wind, solar, geothermal) financing
- Project finance
- Bond enhancements
- Construction loans
- Mezzanine financing
- Refinancing and loan assumptions
- Equity investment financing
- Participation, co-lender and intercreditor agreements
- Lending regulatory compliance
- Litigation and dispute resolution
- Workouts and foreclosures
- Mixed-use developments
- Office buildings, industrial buildings and parks
- Retail
- Raw land
- Single-family developments
- Multi-family properties and manufactured housing communities
- Residential and commercial condominiums
- Hotels
- Assisted-living facilities
- Resort properties
- Sports arenas
- Energy facilities, including wind and solar farms
- Healthcare facilities and medical office buildings
- Mines and aggregate production
Local Government and Special Districts
- Financing issues, including public financing arrangements
- Special district formation, election and dissolutions
- Urban renewal
- Eminent domain and condemnation proceedings
- Regulatory takings
- Negotiation and drafting agreements, including reimbursement agreements
- Land use and zoning issues
Manufactured Housing Communities
- Acquisitions and sales
- Financings and refinancings
- Entity formation
- Regulatory compliance
- Landlord-Tenant matters
- Management agreements
- Ground leases
- Development issues
- Foreclosures, bankruptcies and workouts of troubled loans
- Litigation and dispute resolution related to real property issues
Manufacturing
- Corporate matters
- Entity formation and joint ventures
- Tax
- Negotiation and drafting agreements
- Business and asset acquisition and disposition
- UCC secured transactions
- Collections and recovery of collateral
- Litigation
- Eminent domain and condemnation proceedings
- Bankruptcy
- Acquisition of real property; purchase and sale agreements
- Land use approvals
- Design and construction agreements for facilities
- Permitting and utilities
- Financing and loans for operations
- Acquisition due diligence
- Entitlement, survey and zoning reviews
- Review of appropriate licenses and agreements
Multifamily Housing
- Apartments
- Condominiums
- Resorts and hotels
- Market rate housing
- Senior living and assisted living
- Affordable, public and non-profit housing
- REITS
- Developers
- Operators
- Acquisition and disposition
- Land use and zoning approvals
- Management contracts
- Title and survey review
- Due diligence
- Land use matters
- Zoning and regulatory approvals
- Joint ventures and entity formation
- Tax planning
- Fannie, Freddie, HUD and government programs
- Bond and mortgage
- Private and venture capital
- Conventional financing
- Loan assumptions
- Public housing bonds
- Preparation of declarations, bylaws and registrations
- Public offering statements and sales contracts
- Negotiations of documents, plats and plans with government agencies
- Organization of condominium associations
- Declarations, bylaws, registrations
- Condominium association regulations
- Design/construction contracts
- Joint ventures and entity formation
- Tax planning
- Construction litigation
Office and Industrial Buildings
- Entity formation
- Real estate and land use acquisition
- Site selection and evaluation
- Regulatory approvals
- Annexation, zoning, subdivision and related entitlements proceedings
- Infrastructure financing and public finance arrangements
- Urban renewal, sales and other tax sharing arrangements
- Traditional acquisition, construction and investment financing (represent both borrowers and lenders)
- Leasing (represent both landlords and tenants)
- Acquisition and disposition of real property
- Tax planning and structuring
- Corporate matters
- Litigation and dispute resolution
- Evictions
- LEED® certification related issues
- Commercial condominiums and commercial condominium conversions
Publishing
Otten Johnson assists businesses in the publishing industry with general business and corporate legal needs as well as disputes and litigation. These services cover a range of issues, including contract negotiation, collection issues and representation in litigation. Our litigation attorneys have experience representing publishers in connection with defamation/libel suits, actions relating to distribution and other contractual agreements, and unfair competition cases.
Our attorneys are also well-equipped to assist publishing industry clients with real estate related needs concerning their physical facilities, such as acquisition and leasing issues and property tax appeals.
Representative Services
- Corporate matters
- Entity formation and joint ventures
- Tax
- Negotiation and drafting agreements
- Business and asset acquisition and disposition
- Litigation
- Defamation/libel litigation
- Unfair competition litigation
- Eminent domain and condemnation proceedings
- Bankruptcy
- Acquisition of real property; purchase and sale agreements
- Land use approvals
- Design and construction agreements for facilities
- Permitting and utilities
- Financing and loans for operations
- Acquisition due diligence
- Entitlement, survey and zoning reviews
- Review of appropriate licenses and agreements
Railroads and Transportation
- Acquisition of real property; purchase and sale agreements
- Land use approvals
- Review and negotiation of appropriate easements, licenses and agreements
- Design and construction agreements
- Permitting and utilities
- Due diligence matters
- Entitlement, survey and zoning review
- Corporate matters
- Entity formation and joint ventures
- Tax
- Representation of clients in related litigation matters
Religious Organizations
- Land Use Planning
- Zoning and development approvals
- Financing
- Government relations
- Litigation, including claims under the Religious Land Use and Institutional Persons Act of 2000
Retail
- Leasing (landlord and tenant representation)
- Entity formation and joint ventures
- Site selection and evaluation
- Real estate acquisition due diligence
- Land use planning, environmental compliance, annexation and zoning and regulatory compliance
- Infrastructure financing and public financing (including urban renewal, sales and other tax sharing arrangements)
- Acquisition, construction and investment financing
- Tax planning and structuring; tax credits
- Title work
- Land assemblage
- Ground leases
- Retail and commercial leases (landlords and tenants)
- Design and construction documents
- Reciprocal easement agreements
- Development agreements
- Management contracts
- Municipal and government relations
- Litigation and dispute resolution
- Exterior signage regulations
- Public/private partnerships
- Mixed use and Transportation Oriented Developments (TODs)
- Transportation
- Renewable energy (rooftop solar, wind generation, geothermal)
Senior Living
- Purchase and sale of facilities
- Securing conventional and HUD financing
- Structuring development and investment entities and business formations including joint ventures, limited partnerships, limited liability companies and corporations
- Site selection and evaluation
- Real estate acquisition due diligence
- Land use planning, environmental compliance, annexation and zoning and regulatory compliance
- Acquisition, construction and investment financing
- Tax planning and structuring; tax credits
- Title work
- Commercial and residential leases
- Design and construction documents
- Development agreements
- Management contracts
- Municipal and government relations
- Litigation and dispute resolution
- Exterior signage regulations
- Public/private partnerships
- Planned community and condominium documents
Software/Technology
- Entity formation
- Mergers and acquisitions
- Venture capital and private equity
- Credit finance
- Public offerings
- Restructurings and buyouts
- Joint ventures and strategic alliances
- Product distribution arrangements
- Licensing transactions
- Tax planning
- Securities law disclosure
- Corporate governance
- General corporate and securities law counseling
- Copyright issues and disputes
- Litigation and dispute resolution
- Facility acquisition/disposition, financing, leasing, and land use approvals
Telecommunications
Otten Johnson’s attorneys have experience providing real estate services to a variety of companies in the telecommunications industry. These services are national in scope and include leases and acquisitions of land and buildings along line routes, resolution of title issues, and negotiation of easements. Our land use lawyers have experience working closely with local governments on siting and permitting issues. Our litigators also have experience negotiating antenna leases and in litigating disputes between antenna owners/operators and their lessees. Otten Johnson’s corporate attorneys can also assist telecommunications industry clients with their corporate needs, including entity formation and tax issues.
Representative Services
- Real estate and land use acquisition due diligence
- Easements and right-of-way access
- Site selection and evaluation
- Annexation, zoning, subdivision, special use review and related entitlements
- Infrastructure financing and public finance arrangements
- Joint ventures
- Site control, permitting and environmental assessment
- Public lands and Indian lands right-of-way
- Design and construction agreements
- Underground and surface infrastructure development
- Corporate matters
- Entity formation
- Tax
- Business- and real estate-related litigation
Transportation/Transit-Oriented Development
Otten Johnson attorneys have significant experience representing clients in connection with all aspects of the development of transit-oriented development (TOD). On the transactional side, our attorneys can assist clients with financing, planning, approval and operation of transit-oriented projects, as well as general corporate needs relating to entity formation, contract negotiation and tax matters. Our litigation attorneys can represent clients in connection with a wide variety of issues facing transit-oriented developments, including issues relating to condemnation along a transportation corridors, real estate and land use disputes, landlord/tenant matters, and general business disputes.
Representative Services
- Acquisition of real property; purchase and sale agreements
- Land use approvals
- Design and construction agreements
- Permitting and utilities
- Entity formation
- Leasing and tenant negotiations
- Financing and loans for transit-oriented development
- Due diligence review of transit-oriented development opportunities
- Entitlement, survey and zoning reviews
- Review of appropriate licenses and agreements
- Representation of clients in condemnation matters
- Negotiating of utility and access easements
Wholesale Distribution
Otten Johnson advises clients in the business of wholesale distribution on a variety of corporate, business, tax and litigation matters. Our attorneys have the experience to provide counsel to distribution businesses at all stages, providing corporate, business and tax counsel relating to formation, day-to-day operations, asset and business sales, and winding-up. We have been involved in major asset and business sales and acquisitions, and our litigation attorneys assist clients with dispute resolution matters and a wide variety of commercial litigation that can arise in a wholesale distribution context. Our real estate and land use attorneys are also well-equipped to assist wholesale distribution clients with needs related to their physical facilities.
Representative Services
- Corporate matters
- Entity formation and joint ventures
- Tax
- Negotiation and drafting agreements
- Business and asset acquisition and disposition
- UCC secured transactions
- Collections and recovery of collateral
- Litigation
- Eminent domain and condemnation proceedings
- Bankruptcy
- Acquisition of real property; purchase and sale agreements
- Land use approvals
- Design and construction agreements for facilities
- Permitting and utilities
- Financing and loans for operations
- Acquisition due diligence
- Entitlement, survey and zoning reviews
- Review of appropriate licenses and agreements
Insights on Today’s Issues
Laws and regulations are always in a constant state of change. Our legal team helps you stay on top of relevant issues that impact your business and community.
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Development & Rule 106
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Short-Term Rentals
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