Practices

Real Estate Development and Transactions

Our development team provides strategic representation through every phase of a project, from concept to completion. We offer a full complement of services in site acquisition, land use, tax structuring, financing, construction, leasing, and disposition—and the flexibility to select specific services on an as-needed basis.

Engaging a legal team that can handle all of the moving parts of a development transaction saves time and money. Our attorneys have played leading roles in development projects nationwide and have the experience to anticipate potential obstacles and support clients with results-oriented solutions that keep even the most complex project on track.

Our Real Estate Development and Transactions Group includes teams dedicated to construction, leasing, mixed-use development and condominiums, tax, and zoning and land use.

Construction

Our work encompasses ground-up construction, adaptive re-use of historic buildings, and LEED-certified buildings. We represent clients in design and construction contracting, licensing and permitting, bidding issues, labor agreements, and dispute avoidance.

Should the need for litigation arise, our construction litigation team is experienced in all areas of negotiation, mediation, arbitration, and other forms of dispute resolution, and has litigated matters in venues throughout the country.

Leasing

Our leasing group has decades of experience representing both landlords and tenants in a myriad of leasing transactions. We represent property owners and tenants in retail, industrial, office, government, and special-use leasing matters. We structure and negotiate build-to-suit leases, ground leases, and green leases. We also negotiate lease workouts and protect the interests of landlords and tenants in bankruptcy matters.

Mixed-Use, Condominium, and Multifamily Development

We are experienced in both the legal and business aspects of these complex transactions. We create strong legal structures that clearly outline how mixed-use development and condominium projects will be managed and operated. We anticipate potential disputes, particularly those involving residential developments, and develop plans to mitigate litigation risk.

We help investors assess the value and risks of a transaction, including those involving fractured developments. Our work on fractured developments encompasses both distressed condominiums and mixed-use developments in which ownership or management is divided among a property’s different components.

Tax

Our tax team advises clients on federal, state, and local tax issues that arise in the acquisition, construction, ownership, financing, and disposition of real estate. We work with appraisers and land planners in condemnation matters, ad valorem tax appeals, and regulatory matters. We advise on tax credits, handle transfer tax matters in a wide variety of jurisdictions, and defend clients during federal, state, and local tax audits and tax controversies.

Joint Ventures

We structure and negotiate joint ventures, partnerships, and joint ownership projects that combine development, investment, and operating roles across market sectors and project types. We have represented leading developers, investors, universities, insurance companies, REITs, and other market participants in forming joint ventures to acquire, develop, lease, or expand shopping centers, mixed-use projects, industrial properties, condominiums and apartment complexes, hotels, life science and research parks, transportation centers, energy facilities, and sports arenas.

We successfully navigate the many phases of a real estate joint venture project—from determining the proper structure and confirming key terms at the letter of intent stage—to negotiating the joint venture’s operating agreement and other key documents, including contribution, development, and management agreements. We understand and guide our clients through issues that arise concerning the key elements of the venture operating agreement, including the capital structure and capital contributions, the waterfall of cash distributions, management and other fees, tax protections and planning, entity management and major decisions, dispute resolution, and transferability and exit strategies.

Zoning and Land Use

We have a track record of success guiding clients through permitting, zoning, and land use approvals, including navigation through the legislative process and compliance with environmental regulations. In addition to obtaining permits and approvals, we advise on fair housing and accessibility issues, represent clients in eminent domain proceedings, defend permits, represent clients in enforcement actions, counsel on remediation matters, and handle permitting coordination.

Our attorneys are known for their ability to garner community support for our clients’ projects. We know that building productive relationships with government officials and community groups is often critical to success.

Our experience includes development, permitting, construction, leasing, acquisition, and disposition of:

Corporate headquarters and office buildings
Cultural institutions
Hospital and health care facilities
Hotels and resort complexes
Industrial and warehouse facilities
Mixed-use projects
Public-private joint ventures
Retail centers
Sports stadiums and entertainment facilities
University facilities

Experience

Ballard Spahr serves as lead finance and real estate counsel to River District Neighborhood Investors LLC, master developer of The River District, a sprawling, $1 billion project to transform the Mississippi Riverfront in New Orleans. The project will revitalize 27 acres of waterfront land adjacent to the Morial Convention Center New Orleans. Ballard Spahr attorneys are helping to guide the project through multiple phases of infrastructure development and construction of residential, office, and retail components. Phase One focuses on expanding and enhancing gathering space to create a dynamic hub of commerce, culture, and community through construction of facilities for entertainment, housing, arts and culture, retail food and beverage, street-front shops, public areas, and green space. Construction is slated to begin in late 2022.
In In re Condemnation by City of Philadelphia, we obtained a nine-figure award for two family trusts and an estate that owned a 144-acre parcel adjacent to the Philadelphia airport. At trial, the City claimed the property was only worth $30 million. In a grueling six-day trial, we prevailed on all of our legal arguments and proposed factual findings, receiving a $140 million award from the Board of View.
We represented a major telecommunications company in developing its 1.2 million-square-foot headquarters building. The project ranged from complex lease and tenant fit-out negotiations to assistance with the purchase of specialty components, including a four-story video wall and a two-story solid glass staircase.
We represented a national retailer in lease negotiations for 40 build-to-suit stores and self-developed sites, and advised the operator of its sister stores in several lease negotiations, including a transaction with another retailer on an 80,000-square-foot, self-developed combined store.

Representing PECO Energy Company in condemnation for a major new substation in Philadelphia’s University City.
Represented a major auto-auction company in relocation and reimbursement claims for the taking of the entrance of its facility by UDOT in Salt Lake City.
We serve as real estate counsel on regional mass transit light rail project initiatives.
We represent Total Wine & More with its Midwest expansion, handling all land use, development, and liquor licensing matters.
We represent an industry leading national freight carrier, in the acquisition, development, renovation and management of its $1 billion portfolio of regional and sub-regional freight delivery service centers throughout the United States.
We represent United Properties and its affiliates in acquisition, development and leasing, including senior housing cooperatives and apartment projects in the Twin Cities area.
We represent United Properties and its affiliates in hundreds of transactions for office, warehouse, industrial, build-to-suit and retail developments.
We advised The Beard Group affiliates in the acquisition, development, construction, operation and sale of a $20 million apartment building project in Osseo, Minn.
We represented the Philadelphia Phillies in connection with the development of Citizens Bank Park, a modern, 45,000-seat ballpark. The project involved the condemnation of a portion of the site by the City of Philadelphia, a sophisticated leasing and financing structure, public funding from governmental and quasi-governmental authorities, shared parking rights with other professional sports teams, and community group agreements.
We represented Sioux Falls ABC TV affiliate and its parent company in lease negotiations, land purchase matters, contract buildout and acquisition, and general business matters in conjunction with the relocation of its television studio and office space and the relocation of satellites to a new satellite facility.
We represented a client in a mixed-use development in Baltimore's Inner Harbor that included a 950-space parking garage, a 250,000-square-foot office building, and a 120,000-square-foot retail complex on land leased from the State of Maryland. The project involved a complicated subdivision, ground lease, and leasehold financing arrangements.
We represent Denver-based developers on more than 20 projects that include 3,000+ units including townhome, condominium, and mixed-use developments.
We represented a nonprofit developer in the redevelopment of Independence Mall in Philadelphia in partnership with the National Park Service. The project included the Independence Visitor Center, which serves Independence National Historical Park and the Liberty Bell Center. It involved grants from the City of Philadelphia, the Commonwealth of Pennsylvania, Delaware River Port Authority, and several local charitable organizations and long-term operating agreements with the National Park Service.
We advised The Beard Group affiliates in the acquisition, development and construction of a $16 million apartment building in Victoria, Minn.
We represented the Hippodrome Foundation in the renovation of the historic Hippodrome Theater in Baltimore through a public-private partnership among the foundation, the Maryland Stadium Authority, and Clear Channel. The project involved tax credit and tax-exempt bond financing.
We represented the developer in the redevelopment of a 220-acre former New Jersey horse racetrack for a mixed-use "new town center" development, including 1,100 housing units, one million square feet of office space, 600,000 square feet of retail space, 75 acres of recreational uses, and a train station component.
We represented a multinational corporation in the relocation of its world headquarters to a new facility in downtown Denver. The project involved special district considerations, the sale of a manufacturing plant, the decommissioning of the power plant that provided electricity to the facility, and negotiations regarding various environmental issues.
We represented the owners of a produce cooperative in an 800,000-square-foot state-of-the-art build-to-suit regional produce terminal in Philadelphia, which involved substantial public funding and a complex public-private deal structure.