Doing great things.
In an increasingly complex business environment, we work with you to anticipate surprises. With Otten Johnson you get seasoned, straightforward advice coupled with the know-how to stay on track. Let’s do great things together.
Current issues within conservation easement law.
The Internal Revenue Service (IRS) announced on August 31, 2020 that Coal Property Holdings, LLC and its partners agreed to a disallowance of their $155 million charitable deduction claimed for a conservation easement donation on 3,700 acres in Tennessee (IR-2020-196). On October 28, 2019, the U.S. Tax Court issued its opinion in Coal Property granting... Continue Reading
Regulatory, best practices, and other First Amendment news.
A billboard company’s challenge to the Troy, Michigan sign variance standards–which we reported on three years ago–has now resulted in an appellate decision that has the potential to greatly change commercial speech regulation as we know it. Two weeks ago, the Sixth Circuit Court of Appeals ruled that the city’s sign code was an unconstitutional... Continue Reading...
The latest real estate and land use news and updates.
The COVID-19 pandemic has accelerated remote work capabilities of many companies (including Otten Johnson), but is this a permanent change? Here are some major companies that provide a glimpse into the future of working from home: Tech giants Facebook, Twitter, and Square publicly announced that they will allow many employees to work remotely on a... Continue Reading...
Our Bankruptcy & Troubled Loans group provides results-oriented counsel to lenders and borrowers with issues related to creditors’ rights, loan modifications, workouts, distressed acquisitions and dispositions, financial restructuring and bankruptcies.
Our Business Transactions & Capital Markets group regularly advises the firm’s clients in structuring and completing a wide range of transactions – from fund formation and joint ventures, to complex mergers and acquisitions.
Otten Johnson’s Eminent Domain practice group specializes in large, complex condemnation cases. We represent land owners whose properties are being acquired by the government in urban, rural and mountain communities across Colorado.
Our Land Use clients include: developers and home builders, publicly traded REITs, large format retailers, telecommunications companies, international real estate investors, and non-real estate companies with real estate holdings that support their operations.
Otten Johnson provides a broad range of business litigation and other dispute resolution services, and our Litigation attorneys have extensive trial experience in the state and federal courts, as well as mediation and arbitration venues.
Otten Johnson’s Real Estate practice group brings formidable resources to bear on each and every matter it handles. The firm has unrivaled depth of experience and talent in real estate matters, having dealt with nearly every type of issue or transaction relating to real estate.
Our Real Estate Finance practice group enjoys a national reputation for business savvy and closing efficiency. We represent insurance companies, banks, pension funds and other financial institutions, as well as individuals and specialty lenders.
Our Trusts & Estates practice group assists clients with their estate planning, probate, and trust and estate administration needs.
There are always unexpected surprises. Experience is what turns an insurmountable mountain into a speed bump. Our experienced team of legal counselors moves things forward with fewer hassles. Let's walk through a scenario to illustrate how our skill in dealing with complex issues will keep your project moving forward.
Every successful business understands what they're good at. You've spent years honing your craft and amassed a team of talented people to deliver your product or service. Now you need a place to build it.
The Hunt Begins
It's time to test the waters and identify options. Finding the right location can be elusive- not to mention it feels like a game of cat and mouse. Nevertheless, you start your hunt for the perfect space.
This is the right time to give us a call so that we can understand your vision and give you the best guidance. As you identify properties, you'll run pro formas to help you evaluate the numbers. And, just in case you're wondering, we speak pro forma. We'll give you guidance on which potential venues pass the sniff test.
This is a really critical step in your planning. Once you've identified a location, it's time to put some serious thought into your structure and related funding stack. We work with you to figure out how best to structure the deal: what is the mix of debt and equity? Who are the players? Who controls the development and makes the decisions? We'll create LOIs (letters of intent) to lock in the team, the funding and the key terms of the deal.
We'll be there with you on the next step as we draft operating agreements, purchase and sale agreements, construction documentation and put loan docs together. At the same time, we keep things moving forward with regulatory approvals, zoning, permits, development agreements and whatever other documents are required for your specific deal.
At this point we might encounter a few unexpected bumps in the road, but after doing this for thirty years, there aren't many surprises we haven't encountered. We'll lead you through the delicate dance around those potholes to keep things moving forward.
It's always feels great to dig the shovel in and move first dirt. A grand vision and great planning will ensure a good build. Just in case anything comes up, we're close at hand to resolve any issues or disputes during construction.
You've finished the construction and the project is filling up. It's time to decide if you want to hold onto the asset or sell it and move onto the next project. We're happy to help evaluate the financial and legal implications of your options. Congratulations on a successful project!
Want to talk about your next project?
Contact us for a meet and greet