Otten Johnson represents landowners, developers, and investors in zoning, entitlements, annexation, urban renewal, and other complex land use matters across Colorado. Land use work requires both a strategic view of a project and a working knowledge of the regulatory detail, and our lawyers bring both to the table. Our work spans the full arc of a project, from early engagement with local governments through final approval, and into litigation when a project requires it.
Most land use work starts with collaboration, and the credibility our team has built with local governments matters to how a project moves forward. That standing is also reflected in regular recognition in Land Use & Zoning by Chambers USA. Every project is a different mix of regulation, community, and land, and our team has worked on enough of them across Colorado to know what to look for and what needs to happen to get a project built.
Our clients include privately-held developers and home builders, publicly-traded real estate investment trusts, large-format retailers, telecommunications companies, international real estate investors, and businesses whose real estate is central to how they operate. We also represent public-sector clients on projects where our private-side experience adds perspective.
How we help
Entitlements and approvals
We represent clients in zoning, subdivision, and annexation matters from early-stage strategy through final approval. We negotiate development agreements appropriate for the project, including annexation agreements, subdivision agreements, vested rights agreements, and advise clients facing initiative and referendum elections that affect their land use decisions.
Project structuring and public financing
Many land use projects require structures that go beyond the entitlement process. We work on public-private partnerships, urban renewal projects, special district and other public financing arrangements, revenue sharing agreements, and historic preservation projects. We build consensus among the elected officials, governmental participants, bond and disclosure counsel, and other parties, aligning them around a shared, long-term vision for the project.
Land use litigation
Our litigation experience covers regulatory takings, eminent domain, and governmental authority disputes, along with vested rights and entitlement disputes, challenges to fees and taxes, public finance and special district matters, and constitutional and First Amendment cases including religious land uses. Fair housing and equal protection issues that arise in zoning and land use are also an area of focus.
