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Energy-Alternative Energy, Oil and Gas

Otten Johnson’s energy team represents traditional and renewable energy producers, transmission developers and financial providers in real estate matters. We also represent property owners, land developers, farmers, ranchers and retail/commercial property owners in matters related to energy production, transmission and renewable energy incentives.

We apply our experience in land use and real estate law to help clients acquire land and access rights, develop energy resources and navigate the labyrinth of local, state and federal regulations.

We help clients with the surface development of land for non-energy purposes, including due diligence regarding the status of mineral estate, rights of third parties to use the surface of the land and negotiation of surface use agreements. We represent land owners in the negotiation of solar and wind farm leases, siting evaluation and due diligence regarding land use approvals for developers of renewable energy production, and negotiation and implementation of economic development incentives.

Along with development, real estate and other general business disputes, our litigators handle all aspects of disputes that an energy, alternative energy or oil and gas company might face.  Rounding out our services for our clients in this industry, our corporate transactional attorneys can assist with entity formation, tax and related matters.

Representative Services

  • Real estate and land use acquisition due diligence
  • Site selection and evaluation
  • Annexation, zoning, subdivision and related entitlements
  • Infrastructure financing and public finance arrangements
  • Urban renewal, sales and other tax sharing arrangements
  • Traditional acquisition, construction and investment financing
  • Wind and solar farm leasing (landlord and tenants)
  • Joint ventures
  • Land leasing
  • Easements and right-of-way access
  • Site control, permitting and environmental assessment
  • Public lands and Indian lands right-of-way
  • Renewable portfolio standards
  • Eminent domain and condemnation proceedings
  • Design and construction agreements
  • Federal, state and local tax incentives
  • Mineral, wind and solar rights
  • Underground and surface infrastructure development
  • Leasehold mortgages and surrender of property at the expiration of leases

Industry Highlight

Senior Living

Otten Johnson assists developers in navigating the complex financial, tax and regulatory environment related to developing senior housing facilities.

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