Real Estate & Land Use
Dunn Carney attorneys represent purchasers, sellers, owners, developers, tenants and lenders in projects involving the development, construction, financing, leasing, sale and purchase of commercial, residential, and multi-family residential real property. Our real estate practice ranges from simple residential transactions and land sales to complex tax-free or tax-deferred exchanges and syndications for the acquisition and finance of commercial property and development. We also appear on behalf of owners and developers before courts and governmental agencies in a wide range of matters, including land use, foreclosures, environmental issues and condemnation. The firm was recognized as a Leading Firm in Real Estate in Oregon by Chambers USA, a directory of America’s Leading Business Lawyers; in Best Lawyers in America; and in Oregon Super Lawyers.
Acquisition and Sales
The firm represents buyers, sellers, lenders, developers and investors in all aspects of commercial real estate acquisitions and sales. Our attorneys negotiate and prepare purchase and sale agreements, options and all related documents. Dunn Carney’s expertise includes feasibility studies, innovative financing, tax planning, securities compliance and the structuring of ownership entities.
Commercial Leasing and Property Management
Dunn Carney represents both landlords and tenants in office, industrial and retail lease transactions of all sizes, including ground leases and build-to-suit leases. Dunn Carney also represents property managers and owners in the negotiation of property management agreements and the operational issues confronting managers of commercial, multi-family and low-income housing properties.
Condemnation
Dunn Carney has established a reputation for obtaining just compensation for property owners involved in condemnation matters. Frequently, these awards are substantially greater than the sums offered by the governmental entity involved in the condemnation. We are also well-versed in the statutory mechanics of the process so we are able to maximize the probability that our clients will recover the attorney fees and legal expenses incurred.
Condominiums
Dunn Carney advises clients in condominium development, from the acquisition of land to condominium formation and the sale of units. We have experience in the creation of single-use and mixed-use condominiums, including new construction and conversions.
Construction
Dunn Carney regularly represents developers, contractors, subcontractors, materialmen, architects, engineers and appraisers in all phases of construction, including negotiation of construction and supplier contracts, construction disputes, construction lien enforcement and defense, and construction litigation, including construction defect claims.
Development
Dunn Carney serves as general counsel for developers based in Oregon and local counsel for others around the region and nation. For these clients, we handle all facets of acquisition, financing, entitlement, construction, leasing and disposition.
Distressed Assets
Our attorneys have significant experience working with owners of distressed properties, including those with related personal guaranties, seeking and securing forbearance or loan restructuring, as well as providing for the orderly disposition of these assets and developing asset protection strategies.
Energy
Dunn Carney represents energy providers and land owners in real estate related matters ranging from land acquisition and facilities development to easements and rights of way. We have extensive experience in the expanding law of wind energy generation including wind easements,leases and related option agreements.
Environmental and Governmental Regulatory Compliance
Dunn Carney regularly advises clients regarding state and federal regulation of hazardous substances and waste. In connection with real estate acquisition and development, we have negotiated cleanup standards and consent decrees with environmental regulators, including negotiation of Prospective Purchaser Agreements. In environmental litigation, we have particular experience in obtaining insurance coverage for environmental liabilities, as well as identifying and pursuing claims against other potentially liable parties. Furthermore, we have the expertise to help clients negotiate and respond to enforcement actions by state and federal agencies.
Financing
Our firm regularly represents lenders and borrowers in matters involving construction and permanent financing of real estate projects. We are among select real estate law firms involved in the negotiation and documentation of transactions involving New Market Tax Credits. Our attorneys can assist with exercising of lender security interest rights and can assist borrowers in understanding their rights and options. And, given today’s difficult market for traditional financing, our expertise includes the formation of entities allowing for the pooling of investor equity.
Government Relations
Dunn Carney features attorneys who are also registered lobbyists with the political insight to assist our clients with the intricacies of policy development and crafting workable laws with the real estate industry in mind. Dunn Carney also counts elected officials among its attorneys.
IRC § 1031 Exchanges
Dunn Carney regularly advises purchasers and sellers of real estate on strategies available under IRC § 1031 for avoiding or deferring gains and minimizing tax consequences. We structure and draft tenancy in common arrangements consistent with these strategies. The firm’s real estate attorneys work closely with our business section in structuring entities and transactions to minimize tax consequences to our clients.
Land Use
Our lawyers advise property owners and developers in navigating Oregon’s land use regulations and restrictions. We regularly represent clients at city and county hearings to obtain development approvals (e.g., site plans, variances, and conditional use permits) on the most favorable terms possible. This includes hearing processes related to system development charges, traffic impact fees and “latecomer” agreements. We have handled several cases under Oregon’s Measures 37 and 49 and have spoken frequently to various groups of property owners, consultants and professionals on this law and its implications.
Litigation and Dispute Resolution
Dunn Carney has represented clients in virtually every type of real property dispute resolution. Whether the case involves breach of a purchase and sale agreement, an action to enforce a lease, foreclosure of a trust deed, or complex environmental regulatory and insurance claims, our vast experience makes Dunn Carney uniquely qualified for the task. We represent clients in trials in State and Federal courts. We are equally qualified representing clients in alternative dispute resolution procedures, including arbitration, mediation, mini trials and settlement conferences.
Low-Income Housing
Dunn Carney has represented non-profit and for-profit developers in connection with the development, construction and financing of low-income housing projects. We have also represented financial institutions in connection with their investments in low-income housing projects.
Natural Resource and Agricultural Concerns
Dunn Carney regularly advises clients regarding transactions and disputes that arise in the context of farms, ranches, nurseries, dairies and timber operations. Dunn Carney also has the special expertise to address natural resource issues such as timber trespass, water rights, regulatory compliance with water quality standards and discharge permits, wetland development and mitigation, tax deferrals related to special use assessments, navigability and public access, leasing and utilizing public lands, and wildlife resources and endangered species.
Planning and Zoning
Our lawyers have built strong relationships with local government staff and elected officials throughout the Portland region. We have lobbied successfully for zone changes, comprehensive plan amendments and even expansion of the Portland urban growth boundary (UGB), and our attorneys have been involved in the METRO determination of the urban/rural reserves.
Team members include:
J. David Zehntbauer – Leader of the Real Estate & Land Use Team
Ken Antell
John Barhoum
Jon Bennett
Tim Bernasek
David Buono
John Chambers
Dan Drazan
Susan Glen
Tim Hering
Jack Hoffman
William Joseph
Carolyn Larson
Gil Parker
Renee Stineman
Kelly Struhs
Ty Wyman
