Practices

Real Estate Development and Property Rights

Our property development team provides strategic representation through every phase of a project, from concept to completion. We advise and represent clients on the comprehensive range of issues that arise in securing rights and developing real estate—including land assemblage, land use approvals, environmental permitting and other regulatory compliance, easement and access rights, and the array of development- and construction-related contracts—along with the flexibility to select specific services on an as-needed basis.

Engaging a legal team that can handle all of the moving parts of development 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 Property Rights Group includes teams dedicated to construction, zoning and land use, and mixed-use development, including condominium planning and implementation. In key markets across the country, we combine a multifaceted, national real estate development practice with deep local knowledge.

Our experience includes development of:

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

Construction

Our experience includes ground-up construction, adaptive re-use of historic buildings, and construction of LEED-certified buildings. We represent clients in design and construction contracting, licensing and permitting, bidding issues, and labor agreements, with specific skill and knowledge in proactive 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.

We have experience in all project delivery methods, including Construction Manager (CM)-at risk; design-build, Energy Performance Contracting (EPC), multi-prime, and integrated project delivery. We work in areas such as the use of Building Information Modeling and other technology and stay current on advances in technology that may arise and come into play during a project’s life cycle. Many of our construction lawyers are LEED Accredited Professionals and understand the contractual requirements of a project that will seek LEED certification.

Zoning and Land Use

Our Zoning and Land Use lawyers help clients navigate the complex entitlements and permitting process as well as community engagement, setting the stage for success. From large housing developments to some of the nation's largest industrial projects to educational campuses and other institutional developments to commercial space, adaptive use of historic properties, and more, we have successfully guided clients through permitting, zoning, and land use approvals, including navigation through the legislative process and compliance with environmental regulations. In addition, we advise on fair housing and accessibility issues, 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.

Resort, Hospitality, and Timeshare

We are legal pioneers in the leisure industry, advising developers, hospitality companies, lenders, and government regulatory agencies for more than 30 years on all facets of development and first-to-market resort industry products across the United States and internationally.

Our attorneys provide clients with comprehensive legal advice and business insights to manage the most complex projects. We have played a central role in development of a range of resort properties and projects, including golf resorts, ski resorts, marinas and other waterfront projects, master-planned resort communities, and mixed-use condominium hotels.

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 transactions, 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.

Eminent Domain

We handle complex, high-value condemnation cases. We represent owners of manufacturing facilities, commercial and residential sites, office buildings, telecommunications facilities, power stations, and outdoor advertising platforms in the spectrum of takings, including transit facility expansion, redevelopment projects, port development, and open-space acquisitions. Our lawyers work with respected appraisers and experts to develop winning valuation strategies and provide strong advocacy in pleadings, hearings, and trials.

Representative 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.
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.
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.
Serve as real estate counsel on regional mass transit light rail project initiatives.
Represent Total Wine & More with its Midwest expansion, handling all land use, development, and liquor licensing matters.
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.
Represent United Properties and its affiliates in acquisition, development and leasing, including senior housing cooperatives and apartment projects in the Twin Cities area.
Advised The Beard Group affiliates in the acquisition, development, construction, operation and sale of a $20 million apartment building project in Osseo, Minn.
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.
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.
Represent Denver-based developers on more than 20 projects that include 3,000+ units including townhome, condominium, and mixed-use developments.
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.
Advised The Beard Group affiliates in the acquisition, development and construction of a $16 million apartment building in Victoria, Minn.
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.
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.
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.
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.