Lindabury’s Commercial Real Estate, Environmental and Land Use/Planning Group represents developers, property owners, builders and financiers in all aspects of real estate transactions. The group is comprised of over 20 attorneys, each of whom possesses unique and complementary legal experience and expertise in their respective disciplines. This breadth and depth of experience allows us to utilize a team approach to counsel our clients in all aspects of their real estate transactions and help them achieve their desired business objectives in the most efficient and cost-effective manner possible.
We have significant experience at the local, county, and state levels in connection with the acquisition, sale, lease, development and finance of real property. We routinely represent developers of projects for residential, commercial, institutional and industrial use including both residential and office condominiums as well as other high density developments. Of particular interest to many of our real estate clients is our team’s experience in the efficient procurement of development related permits and approvals at all governmental levels pertaining to wetlands, brownfields, and other environmentally sensitive sites.
Our land use attorneys handle applications to municipal zoning and planning boards and state, county and regional authorities for site plan approvals, permits, zoning variances and rezoning requests. We counsel clients in disputes with municipalities regarding land use and permitting matters including appearing in municipal courts. In addition, we also counsel clients who oppose applications for development as well as municipal efforts to rezone their property or nearby property.
Acquisitions & SalesThe acquisition, sale and financing of developable land, commercial and industrial properties is a core service provided by Lindabury’s Real Estate group. Our attorneys handle the acquisition, conveyance and financing of single and multi-property parcels throughout New Jersey. As counsel to both the buyers and sellers of New Jersey real estate, we are able to provide guidance to our clients on due diligence, title issues, easements, and complex contract negotiations.
Development, Land Use, Permitting & ConstructionOur firm provides comprehensive legal representation to builders, developers and owners of construction projects of all types, from inception to completion and occupancy or sale. Our Real Estate, Environmental and Land Use/Planning Group works closely with attorneys in our Construction Practice Group throughout the process to ensure that the client’s needs and objectives are met. Our representation covers all aspects of real estate development including acquisition, financing, zoning and permitting, contracts, construction administration and claims, and project completion and commissioning.
Our attorneys become involved at project inception, when their experience can help guide the owner through the design and permitting process. In New Jersey’s highly regulated real estate environment, having a clear understanding of local and regional land use regulations and how they may impact a project is of vital importance. Our expertise in land use matters enables us to suggest and evaluate project alternatives and manage the permitting and approval process to a successful conclusion through local boards, county planning boards, and regional and state agencies. We successfully obtain and defend variance, site plan and subdivision approvals, rezoning applications, requests for ordinance interpretations, and environmental permitting for commercial, individual, institutional, residential and mixed-use projects. Our experience also extends to site acquisition, project financing and negotiating and drafting of contacts with design professionals and consultants. When our clients’ interests are impacted by proposed development of neighboring property, we are available to assist in the opposition to such development.
During construction we work closely with our Construction Practice Group attorneys to assist in negotiation and drafting of construction management agreements, general construction contracts, design/build contracts, and agreements with subcontractors and material suppliers. We are familiar with the proper procedures for construction administration and the issues which arise during the course of a project, including issues regarding surety bonds. When disputes arise, we attempt to resolve claims quickly and amicably. However, we are experienced in all phases of alternative dispute resolution and litigation. We also assist with the filing and discharge of mechanic’s liens and related lien claims. Once the project is completed, we are prepared to assist with issues arising during commissioning, and issuance of final permits and certificates of occupancy.
Financing & Loan RestructuringLindabury is well versed in the complexities of developing structured finance solutions with lenders and borrowers seeking to acquire, construct, develop or refinance commercial, residential and mixed-use properties. We work closely with members from the firm’s Business & Financial Services and Tax groups to provide clients with a comprehensive approach to financing their real estate projects.
Our firm serves as counsel to local, regional and national lenders in commercial mortgage loan transactions, workouts and foreclosures. We also represent owners and investors in obtaining all types of real estate financing. When dealing with distressed real estate, our attorneys can call upon the experience of Lindabury’s Bankruptcy & Creditors’ Rights group to quickly and cost-effectively acquire or dispose of the distressed asset.
Leasing & Property ManagementOur Real Estate group routinely negotiates and drafts complex commercial, office, retail and residential lease agreements on behalf of landlords and tenants. We represent property owners throughout New Jersey in the efficient drafting and enforcement of complex lease agreements including leases for “green properties”.
EnvironmentalLindabury provides environmental counseling to its clients across the entire spectrum of environmental law. Our environmental attorneys have backgrounds in engineering, science and other associated fields and are thus well equipped to provide counsel on the most technical issues. We routinely deal with issues involving site inspection, due diligence, remediation, cost recovery, liability and cost allocation, underground storage tanks, asbestos, natural resource damages and compliance counseling under both state and federal environmental laws. We have developed substantial capabilities regarding brownfields, wetlands and flood hazard issues, permit compliance and negotiation, legal obligations created by the spill or discharge of hazardous substances, and the impact of state and federal environmental laws upon business and real property transactions. We offer clients thorough representation in administrative enforcement hearings and in negotiations with state and federal environmental agencies. The firm also advises clients on new or pending regulatory developments in environmental law and assists clients in preparing to meet new obligations as they arise. A significant portion of our environmental practice involves the application of, and compliance with, New Jersey's Industrial Site Recovery Act, (ISRA), the Site Remediation Reform Act (SRRA) and the state's other remediation statutes. The firm has successfully handled numerous contamination and remediation cases, and is fully familiar with the evolving policies of the state and the New Jersey Department of Environmental Protection. We also provide our clients with quality litigation services in connection with environmental matters. The firm has prosecuted, as well as defended, numerous claims relating to environmental contamination, including claims for property damage and cost recovery, natural resource damages and toxic torts. In addition, the firm has extensive experience litigating environmental insurance coverage issues.
RedevelopmentLindabury’s Real Estate group counsels clients through the maze of local and state statutes governing redevelopment in New Jersey. We assist redevelopers in declaring and developing areas ‘in need of redevelopment’ or ‘in need of rehabilitation’; prepare and implement redevelopment plans; assist in obtaining funding including municipal bonds and private investment; secure necessary zoning approvals; negotiate redeveloper and tax abatement agreements and litigate any disputes arising from redevelopment projects. In redevelopment projects where the power of condemnation/eminent domain will be utilized, our team negotiates fair market value proposals and litigates any condemnation actions.
LitigationOur Real Estate group handles all aspects of real estate litigation including:
Lindabury has assembled a multidisciplinary team of attorneys capable of counseling clients in all aspects of the government taking of commercial, industrial and residential properties and undeveloped land. Governmental takings can include full or partial takings as well as easements, all of which require the determination of fair market value in order for appropriate compensation. We are able to draw upon the experience and resources of Lindabury’s real estate, environmental, and litigation attorneys to provide property owners the tools necessary to determine property valuation and vigorously defend condemnation actions. We represent both private property owners and taking authorities including redevelopers and government entities.
Relevant Experience Acquisition, Development, Land Use, Permitting & Construction