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what we do / Real Estate

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overview

Our Real Estate Group represents governmental bodies, lenders, developers, and end-users of commercial, retail, industrial, and residential properties. We assist our clients in achieving their goals by offering practical, results-driven solutions. Our experience includes finding solutions for and negotiating the terms of development agreements and the transfer of development rights; working through the many zoning and entitlement issues arising out of a proposed development; evaluating public improvement needs and funding sources; development platting and subdivision; negotiating design and construction agreements; developing strategies for the protection of environmentally sensitive areas, such as wetlands, and remediation of any environmental contamination; evaluating issues related to historic preservation and adaptive reuse; drafting legislation and navigating the legislative and referendum process; and, when needed, providing skilled litigation support.

Our projects represent the full range of real estate development, including public facilities, office buildings and office parks, land development, condominiums and cooperatives, single-family and multi-family residential projects, lodging, resort and retirement facilities, healthcare facilities, retail centers, industrial parks, and mixed-use projects.

Tucker Ellis is a Midwest Real Estate News “Best of the Best” top law firm.

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areas of emphasis

acquisition, development, and disposition

We actively engage in the acquisition, development, and disposition of significant real estate projects on behalf of developers, owners, and investors. We are regularly involved in assemblages of properties, as well as construction of new projects and renovation and rehabilitation of existing projects. Our projects represent the full range of real estate development, including public facilities, office buildings and office parks, land development, condominiums and cooperatives, single-family and multi-family residential projects, lodging, resort and retirement facilities, retail centers, and mixed-use projects.

leasing

We have extensive experience in leasing transactions, on behalf of both landlords and tenants. This expertise extends to all types of leasing, including retail, office, industrial and governmental lease transactions.

litigation

Members of our practice group actively represent the interests of real estate lenders, developers, and owners in a wide spectrum of litigation matters involving the purchase, sale, leasing, operation, construction, and financing of real property and have extensive experience in mediation, arbitration, and other forms of Alternative Dispute Resolution.

financing

We represent lenders and borrowers in financing transactions of all types. We act as regular counsel to numerous financial institutions on loans secured by all types of real estate, including commercial, retail, and residential. Our representation includes the initial structuring, documenting, and negotiating of transactions, as well as due diligence with respect to underlying real estate issues.

asset securitization

We work with issuers and underwriters in the securitization of all types of real estate assets. Our work includes the origination of loans in contemplation of securitization, as well as work on the securitization process and, in certain circumstances, defeasance of existing credit facilities.

joint ventures

We have worked with numerous clients on structuring and implementing joint ventures. By bringing together two or more parties, results can frequently be achieved which otherwise would have been unattainable. Our attorneys have acted as a catalyst for these joint ventures and have played a significant role in the structuring and documenting of those relationships.

business and tax planning

Our attorneys, often in conjunction with our tax and corporate departments, counsel clients on the formation of entities for participation in transactions and on other business and tax-related issues. We have significant expertise in partnership, LLC, and REIT issues. We work with clients to obtain maximum tax benefits relating to transactions, including, for example, planning and closing deferred like-kind exchanges of real property, structuring tenant improvement allowances, and structuring UPREIT acquisitions and dispositions of real properties.

retail

Our attorneys represent national retailers in all aspects of site selection, site acquisition, leasing, and financing of retail locations. We have conducted multistate acquisition programs, lease abstract programs, and standardization of document efforts on behalf of national retailers, as well as excess property disposition programs.

zoning and tax appeals

We provide land use advice and counsel to developers and users of commercial, retail, industrial, and residential facilities. Such land use representation includes zoning, environmental, historic preservation, legislative, and litigation services. We are experienced in obtaining re-zonings, variances, approval of planned unit developments, and transfers of development rights.

Key Contact

Keith H. Raker
Partner
experience

experience

  • Represented manufacture of precision grinding equipment in the acquisition of an approximately 250,000 square foot manufacturing facility in South Beloit, Illinois
  • Represented manufacture of precision grinding equipment in the acquisition of a distribution facility in Concord, Ohio
  • Represented private equity investor in connection with the add-on acquisition and financing of 20 acre greenhouse facility in Sioux Falls, South Dakota
  • Represented private equity investor in connection with the negotiation of a lease for a window film and laminate manufacturing facility as part of the acquisition of the laminate manufacturing company
  • Represented private equity investor in connection with the acquisition and financing of a tubing extrusion and assembly in Sheboygan, Wisconsin, as part of the acquisition of the medical device manufacturing company
  • Represented private equity investor in connection with leasing of multiple industrial supply distribution facilities as part of the acquisition of the industrial supply company
  • Represented manufacturer of high-performance electro-optical infrared cameras and camera systems, motion control products and optical systems in the negotiation of a lease for a 15,000 square foot office, design and manufacturing facility in California
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