Real Estate

The area of real estate development can run the spectrum from developing a vacant parcel into a complex commercial development with multiple owners and tenants to obtaining a building permit to construct an addition to an existing home. In each case, the developer needs to navigate myriad challenges and requirements, which may include investor/partner relationships, acquisition of the property, lender requirements, land use regulations, governmental approval processes, water rights issues, environmental matters, title restrictions, title defects, infrastructure requirements, construction issues, and leasing or selling portions or all of the property.

Legal services applicable to real estate development can easily extend to all facets of a real estate development project. We help our developer clients with structuring the ownership of the development project, negotiating the purchase of the applicable property, addressing legal questions inherent in the governmental approval process, negotiating and documenting the terns and conditions of financing, protecting our clients' interests under construction and supply contracts, resolving title defects, managing the risk of environmental problems, and eventually selling or leasing the property.

Real estate disputes are often complex and require a detailed understanding of many different legal disciplines. BTJD has extensive experience representing property owners and other parties affected by real estate disputes. We assist clients involved in commercial, residential, industrial, and public properties.

  • Represented the owner of a 1,000,000-plus square foot technology park with staged acquisition of existing park; staged financings; restructured planned unit development; multiple equity and debt restructures; lease negotiation, enforcement and workouts. Project value in excess of $100 million.
  • Represented the purchaser and developer of a 200-plus acre residential development with acquisition of property, entitlements, development agreements, CC&Rs, bank finance, acquisition of water rights and other development activities including organization and representation of homeowners’ association.
  • Represented the developer of a 42-unit condominium project with its equity structure and the organization of a homeowners’ association, including bylaws and CC&Rs and FNMA loan qualification. Project value in excess of $7.5 million.
  • Represented the developer of a 1200 acre mixed-use planned unit development, including land acquisition, water rights acquisition, permitting and entitlements, development agreements, entity structure, and financing.
  • Represented the developer of a 400 acre mixed-use golf course planned unit development with over 750 residential lots, including land acquisition, federal, state, and local permitting, development agreements, entity structure, tax planning, and all financing work.
  • Represented the developers of an 80 acre multi-use residential and commercial project, including property acquisition, venture structure, entitlements and water matters.
  • Represented the buyer and developer of a 27-plus acre mixed commercial and high density residential development.
  • Represented the developer of a 10,000 acre planned residential unit development, including property acquisition, water rights acquisition, and entitlements.
  • Represented a real estate investor/developer with properties in Utah, Idaho, Washington, Oregon and Arizona. Representation has included acquisition, divestitures, leasing and 1031 exchanges.
  • Represented the developer/purchaser of 30 acres in connection with entitlement and development of high-end residential subdivision.
  • Represented a developer/purchaser of high-end assisted living centers with property acquisition, organizational structure, debt and equity financing in excess of $20 million; sale leaseback transaction with REIT. Project value in excess of $30 million.
  • Represented the developer of a 43-unit, luxury condominium project in connection with property acquisition, financing, zoning changes, owners’ association documents, and CC&Rs. Project value in excess of $15 million.
  • Represented the developer of a 10,000 acre planned residential unit development, including entitlements, water rights acquisition, CC&Rs, state rights of way and permits, and formation of owners’ association.
  • Represented a developer in converting multiple warehouses into mixed-use residential condominium units and retail store fronts in downtown Salt Lake City, including property acquisition and creation of homeowners’ association and CC&Rs.
  • Represented the owner/developer of a 3,300-plus acre property in connection with Utah Land Sale Practices Act compliance, structure of sales, and planning for future development.
  • Represented a joint venture group involved in the construction and operation of care facilities for rehabilitation of patients released from hospitalization after joint replacement and similar surgeries. Representation includes real estate acquisition, venture structure, entitlements and leasing.
  • Represented the purchaser of land for construction of a regional hospital. Representation included land acquisition, water rights acquisition, entitlements, HUD matters, CON matters, entity structure, private placement and bank financing.
  • Represented the developer of a 500 acre regional commercial landfill serving the Wasatch front in Utah, including property rights acquisition, federal and tribal permitting, federal land leases, federal rights of way, and a $27 million equity and debt financing.
  • Represented the buyer in an acquisition of theme-room hotels including financing and refinancing.