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Fennemore Craig offers a comprehensive commercial, retail, manufacturing and industrial real estate practice. We represent sellers, buyers, users, developers and redevelopers of numerous major commercial projects in the Southwest and across the country. We have a great deal of experience with state and local government economic incentives and tax issues, assemblage and acquisition, entity formation and tax ramifications, construction, and permanent financing and leasing.
We have an accomplished practice in the leasing of commercial property for both owners and tenants. We represent owners of high-rise office buildings and multi-tenant industrial complexes, as well as numerous shopping center owners nationwide. In connection with shopping centers, we represent national, regional and local tenants, including "big box" stores and all types of retail, theaters and hotels.
We develop and implement leasing procedures for office, industrial and retail properties, including the development of lease forms tailored to particular strategies. Through developing standardized documents that encompass both the requirements of lenders and the practicalities of property management as well as facilitate negotiation and consummation of leases, we assist our clients in achieving competitive advantage while lowering transaction costs.
In other cases, particularly for major national real estate advisors, asset managers, developers, and institutional investors, we work within pre-established lease forms and procedures. Additionally, we also have substantial experience with ground leasing of projects from municipalities to achieve the benefits of tax abatements, such as the Arizona Government Property Lease Excise Tax in lieu of real property taxes. Leading projects of this type include major office, retail and hotel projects.
We have a long history of representing the owners and operators of convenience stores and motor fuels facilities. We have worked closely in many regions of the country with some of the largest names in the industry. Our work has included everything from standalone projects to those covering hundreds of sites, in all facets of the convenience store and motor fuels business, including:. We work closely with our land use, business and finance, real estate litigation and environmental and natural resource practice groups to provide full service to our clients.
The firm has represented clients in the broadest variety of situations involving the exercise of eminent domain and inverse condemnation, throughout Arizona and Nevada. Our attorneys combine substantial experience in real estate and business transactions with negotiation, litigation and dispute resolution experience on eminent domain covering such matters as transmission lines, pipelines, rights-of-way for new roads and roadway expansion, rail, light rail, and communications lines.
Our attorneys are successful litigators in complex condemnation and business valuation issues on both the right to take as well as valuation issues. We have represented condemning authorities and property owners in partial and total takings in cases involving inverse condemnation matters as well as traditional condemnations. We understand that delays and litigation are costly and we strive to assist clients in avoiding disputes or seeking cost effective resolution of disputes whenever possible.
Fennemore Craig represents both landowners and condemning agencies in all aspects of eminent domain. Once the eminent domain case is filed, our attorneys have handled pre-trial litigation in the district courts, jury trials, and appeals to the higher courts.
We are experienced in litigating direct condemnations, inverse condemnations, regulatory takings, and claims for precondemnation damages, in the context of many types of public projects, including pipelines, high voltage transmission lines, roads and freeways, buildings, and redevelopment projects. Our preparation is very thorough, so much so that we often succeed in negotiating successful settlements for our clients. We have extensive experience in forming and representing real estate joint ventures and syndications generally limited liability companies or limited partnerships for a variety of project types, including industrial parks, office buildings, shopping centers, master-planned communities, residential developments and recreational communities and golf course communities.
We have represented landowners, developers and financial partners including tax-exempt entities in these joint ventures on a broad range of real estate and tax issues. Included in our syndication experience is forming "opportunity funds" that pool money for properties identified at a later date and that reinvest the proceeds into additional projects. Additionally, attorneys in the firm have broad experience in challenging appraised values and the use of appraisers and other specialized experts to address the compensation issues associated with all such takings.
Our attorneys have tried cases to verdict and obtained rulings prohibiting takings and demands for immediate possession. Fennemore Craig attorneys handling land use and zoning matters serve commercial, industrial and residential developers; renewable energy project developers, municipalities and other government entities, as well as; brokers, lenders and borrowers. Our attorneys also bring substantial experience in the pursuit of zoning code interpretations; approval and implementation of master planned developments; impact created by historic preservation districts and overlays, conservation easements, hillside overlays, and the proposal and adoption of text and ordinance amendments, formation of community facilities districts and all other aspects of the zoning and land use legislative and administrative processes.
Our development attorneys have significant experience representing clients seeking to purchase, lease and entitle lands managed by the Arizona State Land Department for purposes of residential and commercial development; to acquire easements and rights of way over State Trust Lands for purposes of streets and access roads as well as municipal and utility infrastructure lines.
The firm also has a substantial background in analyzing and arguing State Land issues regulated by the Federal Enabling Act, the Arizona Constitution and Arizona State statutes. Representative agencies with which our attorneys routinely interfaces on land use, land exchange and property acquisition include the Bureau of Land Management, the U. From acquisition and financing, to development and sales, we have extensive experience with master-planned community developments projects of varying size and complexity.
Fennemore Craig has assisted clients in acquiring land from the Arizona State Land Department, and securing development agreements and Planned Area Development approvals from municipalities. Another significant enterprise included the acquisition through an assemblage of eleven different landowners , development approval, construction, covenants, conditions and restrictions, and home builder sales for a large East Valley master-planned community in the Metro Phoenix Area.
We represent home builders in connection with the acquisition and development of real property, including unimproved land, finished lots, and various stages in between. We work with master developers, other home builders, and local municipalities to prepare cooperative construction and development agreements concerning the construction and installation of infrastructure such as roads, water, sewer and other utility facilities.
We also provide general advice and assistance in the development process, including drafting of construction contracts and declarations of covenants, conditions and restrictions, advising on sales and property tax issues, and assisting with business planning and entity selection issues. We represent clients in state and federal court proceedings, Chapter 11 bankruptcy cases, debt restructuring, liquidation cases, out-of-court workouts, asset recovery, foreclosure actions and other insolvency proceedings.
Our real estate attorneys represent financial institutions, insurance companies, and receivers in the administration and liquidation of multi-million dollar commercial real estate and residential real estate portfolios, including the sale of property, the management of properties and the sale of mortgage portfolios by bid, both commercial and residential, and through receivership court administration.
We also guide buyers past the due diligence, title insurance and contract pitfalls associated with buying troubled real estate assets. Once the property is purchased, assistance extends to real property management issues, including residential, multi-family and commercial leasing matters.
In , Governor Doug Ducey signed Senate Bill , thereby preventing Arizona cities, towns and counties from prohibiting vacation and short-term rentals, and curtailing their ability to regulate such rentals. Our work has included everything from standalone projects to those covering hundreds of sites, in all facets of the convenience store and motor fuels business, including: Site acquisitions, including due diligence investigations and real estate financing; Zoning and land entitlements, including government relations; Regulatory issues, including antitrust concerns; Operating issues; Motor Fuels and other branding issues; Cooperative arrangements, including licensing, co-branding agreements and co-management arrangements; Franchisee issues, including issues arising under the Petroleum Marketing Practices Act; Leasing and subleasing; Assignments and assumptions; Enforcement of lease rights; Environmental concerns related to the ownership and operation of motor fuel storage tanks; Fuels issues, including Alt Fuels and renewable resources; Site divestments; and Post-sale contractual and environmental issues.
Our attorneys can represent you in Nevada, Arizona, Colorado, and other states. We have represented clients in the acquisition and development of property for many high visibility golf course projects throughout the Southwest, and internationally.
The firm has assisted with the development of public and private golf courses and clubs, including membership documents, plans and related issues. We have extensive experience in real and personal property tax matters. Our property tax attorneys appear regularly in the state courts, and before the various county and state administrative tribunals that review appeals of property tax valuations and related issues. The firm's attorneys have handled appeals determining significant legal issue related to all varieties of state and local tax issues.
The firm has handled property tax valuation cases that include: The firm has also represented numerous clients in actions in various United States District Courts, the federal appeals courts for the Ninth and Tenth Circuits, the Arizona Tax Court, both divisions of the Arizona Court of Appeals and the Supreme Court of Arizona seeking the recovery of discriminatory or illegally collected taxes.
We structure, negotiate and document a variety of commercial and real estate financing transactions, such as asset-based lending documentation, security agreements, project financing, leveraged leases, loan restructures and workouts, letters of credit, repurchase and reverse repurchase agreements and acquisition financing.
Our financing experience ranges from complex national and international multi-level credit arrangements to small business and personal loans in both the real estate and commercial finance industries. We have significant experience in drafting workout and settlement agreements, enforcing judgments obtained through settlements or trials, and collection procedures, including garnishments, property seizures and attachments. We provide environmental counseling for industries and businesses across the country.
We routinely work in the areas of federal and state Superfund laws, groundwater quality protection, wetlands regulation, environmental audits and site assessments, environmental impact assessments, and permitting. Our landmark work on the Groundwater Replenishment District Act in Arizona helped create a balance between growth and water conservation, and an assurance of long term water supplies for the Phoenix Metro Area.
We have substantial experience in water rights matters, including water rights conveyances, water farm transactions, demonstrations of assured water supply for residential subdivisions, water rights adjudications, golf course and real estate development, water service agreements, and infrastructure financing.
Business and Finance Richard G. Real Estate Benjamin W. Bauer Director Tucson Tucson P Real Estate John D. Bethea Director Phoenix Phoenix P Real Estate Michael E. Business Litigation Chris H.
Business Litigation Michael G. Real Estate George T. Cole Director Phoenix Phoenix P Real Estate William C. Director Reno Reno P Business Litigation Justin R. Real Estate Colleen A. Dolan Director Reno Reno P Real Estate Mark A. Business Litigation Todd S. Kartchner Director Phoenix Phoenix P Real Estate John E.
Kofron Director Tucson Tucson P Real Estate Jay S. Kramer Director Phoenix Phoenix P Real Estate Don J. Miner Director Phoenix Phoenix P Nesvig Director Phoenix Phoenix P Pearce Director Phoenix Phoenix P Employment and Labor Relations Bruna E.
Real Estate Derek J. Business and Finance Bill G. Real Estate Trudy E. Ruth Paralegal Phoenix Phoenix P Real Estate Sean M. Business Litigation Patrick J.
Real Estate David E. Vieweg Director Phoenix Phoenix P Real Estate Jeffrey P. A Potential Solution to Short-Term Rentals In , Governor Doug Ducey signed Senate Bill , thereby preventing Arizona cities, towns and counties from prohibiting vacation and short-term rentals, and curtailing their ability to regulate such rentals.