Nyemaster Goode, P.C.

Real Estate

Our Practice:

Nyemaster Goode is engaged in a dynamic and diverse real estate practice, assisting clients with an array of matters involving sales and acquisitions, leasing, conventional and tax credit financing, tax-deferred exchanges, eminent domain, condominiums, cooperatives, development, zoning, annexation, subdivision, and related land use. When our seller, purchaser, or lender clients need help with negotiating and documenting their residential, commercial, industrial, or agricultural property purchases, sales, leases or financings in central Iowa and beyond, our attorneys assist with all aspects of the transaction including title certifications and examinations. We also actively represent cities, pipeline and utility companies, and private landowners with eminent domain proceedings. Nyemaster Goode was recognized for our real estate practice in Chambers USA: America’s Leading Lawyers for Business (2007).

Critical to many real estate transactions is a thorough analysis of the tax implications involved. Our Real Estate attorneys, in conjunction with our Tax, Estate Planning, and Employee Benefits attorneys, are prepared to address these issues. Our Real Estate attorneys include acknowledged experts in Section 1031 tax deferred exchanges, who represent property owners in appropriately structuring Section1031 transactions to achieve the tax deferred benefits. In addition, we handle ad valorem property tax assessment matters, including negotiations with assessing bodies, representation of taxpayers in property tax protests, and in assessment appeals to the courts. Our real estate practice includes advising developers, lenders and equity participants regarding historic, low/moderate income housing, enterprise zone, and other tax credits, and formation and documentation of associated ownership structures.

Our Commercial Real Estate Finance practice is national in scope and encompasses permanent and construction loans, as well as loan servicing matters for insurance companies and other institutional lenders. We regularly represent regional developers and landowners, primarily in the Midwest, in acquisition of land rights and with land use issues for complex projects such as wind farms and large commercial facilities.

When a real estate project is financially challenged, our attorneys provide comprehensive services from its multi-disciplinary practice areas to solve clients’ problems through voluntary pre-litigation workouts (including deeds in lieu of foreclosure and contract forfeiture), receiverships, foreclosures of commercial, agricultural and residential mortgages on all types of properties, including hotels, motels, shopping centers, agricultural land and facilities, retail property, and bankruptcy cases.

View a description of our real estate trial practice at Construction and Real Estate Litigation.

Our Experience:

Assisted clients in $90 million acquisition of rendering facilities located in 12 states.

Assisted client with acquisition of 9 nursing homes.

Represented seller in $18 million sale of bare land.

Acquisition and development of an 800 acre golf course community in central Iowa. Legal services to the client involved land acquisition; preparation of documents establishing community covenants and homeowners association; negotiation with government entities and utility service providers regarding agreements for property taxes, community services, and utilities to the community; and providing required legal documentation to the project's lenders.

Acquisition and development of an 80 acre industrial park subdivision in Ames. Legal services to the client involved land acquisition, obtaining tax increment financing district status for the project from the City of Ames, subdivision financing matters, and development of subdivision covenants.

Advise a senior retirement community on compliance, financing, and expansion issues. The community consists of 137 owner-occupied condominium units and a 40-bed health care center managed by a homeowners' association.

Represented private developer in lease purchase transaction for construction and ultimate sale of combined public-private parking facility.

Routine representation of real estate developers and contractors in the purchase and development of residential, commercial, and industrial subdivisions.

Regularly represent real estate investors and property managers in the purchase, financing, leasing, management, and sale of real estate assets.

Routinely represent buyers and sellers in sales and purchases of office buildings.

Routinely represent sellers and buyers in acquisition and development of bare land.

Routinely draft commercial leases for tenant relating to property being substantially improved by landlord for the benefit of tenant and containing an option to purchase by tenant.

Routinely draft and review purchase agreements relating to the purchase of commercial real estate.

Assist clients with purchases, sales, and leasing of grain facilities, river terminals, and industrial facilities.

Assisted service company client with acquisition of new headquarters and related tax-exempt financing and disposition of existing property.

Represented real estate development company and its partners in REIT transaction involving sale of commercial properties for cash and partnership units exchangeable for REIT stock.

Advise and assist clients in structuring tax-deferred exchanges under Internal Revenue Code §1031, including complex reverse exchanges, tenant-in-common exchanges, construction exchanges, and personal property exchanges.

Advise and assist real estate owners, developers, and investors to structure the acquisition, ownership, and disposition of real estate to minimize federal, state, and local property taxes.

Regularly represent property owners in tax appeal disputes before local assessors, boards of review, and in court. Our property tax appeal experience covers a broad spectrum of property types, including regional hotel convention centers, large industrial manufacturing facilities, grocery store chains, shopping mall anchor department stores, big box retailers, regional shopping centers, centrally assessed utilities, and a wide variety of other commercial properties.

Represented housing developer in property acquisition and financing of $8 million low/moderate income housing project in historic building.

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