Practice Areas

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Real Estate

Ball Janik LLP, a Portland, Oregon based law firm with offices in Bend, Oregon and Washington, D.C., is a leading provider of real estate and related legal services in the states of Oregon and Washington.  The firm is committed to efficiently providing the highest quality counsel and service for its clients’ diverse real estate projects and needs.  Following is a summary of the areas of expertise of the firm’s real estate practice group and examples of recent projects undertaken by the firm.

Representative Client List

AREAS OF EXPERTISE:
Commercial Development and Leasing
Residential Development
Representation of Public Entities
Financing and Equity Arrangements
Specialty Areas
Tax Matters
Litigation

Commercial Development and Leasing

The firm has extensive experience in representing leading developers, property owners, business owners and public agencies in all phases of the acquisition, disposition, development, construction, permitting, financing, management and leasing of office, industrial and retail projects

  • Office. The firm represents owners of office buildings in Oregon, Washington and California, including central city office towers and suburban office and flex buildings.   In recognition of our substantial expertise in this area, our firm has assisted in the preparation of form purchase agreements and leasing agreements for the Portland Metropolitan Area Building Owners and Managers Association and the Commercial Association of Realtors® Oregon/Southwest Washington.

  • Industrial.  The firm assists clients with industrial parks in Oregon and Washington.  Our clients include numerous national developers, one of the nation's largest REITS focused on industrial property, and regional industrial developers with substantial real property holdings.

  • Retail.  The firm represents owners of various types of retail centers, including power centers, life style centers, grocery-anchored shopping centers and strip centers in Oregon and Washington.  We have negotiated leases and purchase agreements with many of the national retailers who do business in the Pacific Northwest.  We also represent a range of retail tenants.

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Residential Development

The firm has a broad base of expertise in representing developers, homeowners’ associations, real estate brokers, property owners and purchasers in all phases of residential development and acquisitions.

  • Multifamily and Condominium Development. The firm represents clients in the acquisition, development and financing of condominiums, townhome projects, apartments, and other multifamily and mixed use residential complexes in Oregon, Washington and California.  Our experience in this area includes all phases of land acquisition, land use approvals, negotiating and structuring equity financing as well as construction and permanent loans, tax planning, loan documentation, condominium and homeowners’ association documentation for newly constructed and conversion condominiums, HUD, VA and Fannie Mae filings, and advising the developer regarding the sales process.  We also have significant experience in the negotiation of development agreements with local governments and with master developers for projects within planned unit developments.
  • Subdivisions. The firm represents many of the Pacific Northwest’s most prominent subdivision developers with projects throughout Oregon and Southern Washington.  Our work has included negotiating land acquisition agreements, obtaining land use approvals, tax planning, reviewing and negotiating loan documents, preparing subdivision declarations, bylaws, and sale agreements, and providing general advice to the developer during the development, sales, management and turnover processes.

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Representation of Public Entities

The firm has considerable expertise in representing public entities in real estate related transactions. 

  • State of Oregon.  The firm has extensive experience in representing the State of Oregon in real estate and construction matters, including documenting contracts and handling issues related to the proposed siting of prisons and new state buildings and negotiating and drafting the construction and service contracts necessary for constructing utilities and road access.  The firm also represents the State in connection with the sale of excess real estate, including structuring the RFP/RFQ process, helping to structure and negotiate the sale, and assisting with related issues.

  • Public Private Partnerships.  The firm has had extensive experience in representing public entities in the largest public/private partnership transactions undertaken in the region, including representing the City of Portland in all aspects of the $267 million Rose Garden Arena Project and the renovation of PGE Park, representing the Washington State Public Stadium Authority in the $430 million development, construction and leasing of Seahawks Stadium, and representing the City of Vancouver and its Downtown Redevelopment Authority in its new $73 million Conference Center and Hilton Hotel project.

  • Various Public Jurisdictions.  The firm regularly represents a variety of local and regional governmental agencies with respect to real estate, land use, business and transactional matters, including pro bono representation.  Such clients include school districts, special services districts and port authorities. 

  • Oregon Health and Science University.  The firm represents OHSU in its expansion of its facilities on Marquam Hill and its development of facilities in the South Waterfront area of Portland, Oregon.  Collectively, this expansion will involve approximately 3 million square feet of new OHSU facilities connected by an aerial tram.

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Financing and Equity Arrangements

The firm has extensive experience in formation and management of limited liability companies and other ventures, and in assisting both borrowers and lenders in all forms of financing vehicles for real estate transactions.  The firm also has experience in the formation of real estate equity funds.

  • Real Estate Financing.  The firm assists borrowers with property in Oregon, Washington and California in the negotiation of real estate secured loans from insurance companies, national banks, conduit lenders, and regional banks, as well as through bond financings.  This practice includes the negotiation of loan documents as well as the issuance of legal opinions.  The firm also represents institutional lenders, including regional banks.

  • Equity Funds.  The firm has experience assisting clients in the formation of real estate equity funds.  Our work in this area includes the preparation of entity documents and other contracts under which equity interests are syndicated, preparation of investor disclosure materials, tax planning and compliance with exemption provisions under federal and state securities laws and federal investment company regulations.  We also assist equity funds in obtaining bank credit facilities secured by investor capital contribution commitments.

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Specialty Areas

The firm has specialized expertise in a variety of real estate fields. 

  • Construction.  The firm represents owners, developers, public agencies, contractors, subcontractors, design professionals, and consultants in all phases of the construction process, including formation of entities, financing, preparation and negotiation of contracts, compliance with public contracting, licensing and other regulations, resolution of disputes, including bond claims, labor and employment issues, and insurance claims.  We provide specialized, experienced service in negotiating and documenting design and construction arrangements, including bids, contracts, specifications, and joint venture arrangements.  We also represent major contractors and subcontractors, including one of the largest electrical contracting firms in the nation.  Our representation in the construction contracting field has covered a wide range of projects, including high-technology plants, office parks, hotels, high rises, residential subdivisions, conference centers, condominiums, educational facilities, prisons, and sports stadiums.

  • Hospitality.  The firm assists owners in the development, acquisition, financing, workouts, renovation and sale of a broad variety of hospitality facilities, including nationally flagged hotels, boutique luxury hotels, resort hotels and convention and conference center hotels.  In connection with our hospitality practice, we have negotiated franchise and management agreements with most of the regional, national and international hotel companies.  Our representation of hotel owners includes the negotiation of leases and other contractual arrangements with restaurants, parking facilities and providers of other hotel amenities.

  • Destination Resorts.  The firm has significant experience representing developers in every stage of destination resort development, including the most prominent resorts in Central Oregon.  Our resort experience includes obtaining development permits, negotiating utility and other service contracts, obtaining rights of way and access easements, forming homeowners’ associations in compliance with the Oregon Planned Community Act and complying with the Interstate Land Sales Act.  We have assisted in creating or modifying “Destination Resort” zoning overlays to enable the siting of resorts.

  • Medical Facilities.  The firm represents two of the Portland area's largest medical services providers in the acquisition, development, permitting, leasing and disposition of property.  Our work in this area has included assisting one client in the acquisition of land for a new hospital in Vancouver, Washington and assisting another client with a substantial expansion of the client's existing facilities in the City of Portland’s South Waterfront District.

  • Natural Resources/Timber.  The firm assists clients in a broad variety of transactions directly and indirectly involving natural resources, with a particular emphasis on timber and water rights matters.  We have represented individual timberland owners as well as private and publicly traded timber companies in the acquisition, sale, exchange and harvesting of timber and timberlands, in transactions ranging from a few thousand dollars to several hundred million dollars.  We also routinely represent property owners and developers in residential, commercial and industrial settings in evaluating, permitting and transferring water rights.

  • Energy Generation.  The firm represents power generators (including natural gas powered and wind powered facilities) in the acquisition, permitting, development and financing of power generation facilities, and has extensive experience helping clients obtain the necessary permits, approvals and real property rights required for the operation of energy facilities.

  • Fuel Facilities.  The firm represents fuel distributors, jobbers and fuel facility operators in connection with the acquisition, redevelopment, environmental remediation and compliance, financing, leasing and sale of service stations and other fuel facilities.  In addition, our representation of fuel facility buyers and sellers routinely encompasses the acquisition and sale of related businesses such as convenience stores and automobile service centers, as well as the negotiation of fuel distribution and supply agreements involving all of the major oil companies serving the Pacific Northwest.

  • Telecom and Utilities.  The firm represents both owners and providers in connection with negotiation of license and easement arrangements for telecommunications, cable and utility arrangements.  Our clients have included owners converting space to telecommunication hotels, developers of new facilities requiring utility infrastructure, collocation companies, and owners approached by telecommunications companies for use of space in and on their buildings.

  • Real Estate Licensing and Compliance.  The firm assists developers, real estate brokers, contractors, mortgage brokers and other real estate professionals in meeting and understanding licensing compliance requirements within Oregon and Washington.

  • Environmental.  The firm has represented developers of some of the most significant and challenging land use, environmental and natural resource projects in Oregon in recent years.  We represent clients in all phases of project development.  In addition to representing land use applicants in local proceedings and appeals throughout Oregon, our attorneys have significant experience in environmental and natural resources law, including water law, wetlands, water quality, endangered species, historic preservation, NEPA and redevelopment of contaminated properties.  Attorneys in this group work closely with the firm's other departments to address land use and environmental permitting, compliance and liability issues as they arise in real estate and corporate transactions, litigation, bankruptcy, and estate planning and probate.

  • Government Affairs.  The firm has the largest federal practice of any Oregon firm working in Washington, DC.  The Ball Janik Government Affairs Practice Group includes 17 professionals and six staff people focused exclusively on issues and opportunities relating to the federal government, including federal regulatory and land management oversight.  We have developed particular expertise in the areas of federal appropriations, natural resources, transportation, and taxation.  Clients include private industry and businesses, as well as a host of public clients such as cities, counties, state agencies, port authorities and educational institutions. For many clients, our work focuses on regulatory issues and/or passage and modification of proposed federal legislation that can negatively or positively affect a client’s ability to accomplish its objectives.  Federal representation can also include securing federal appropriations, which can be used to supplement private or local sources of revenue to advance a particular project or proposal.

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Tax Matters

The firm regularly assists its clients in structuring real estate transactions to minimize adverse tax consequences and maximize tax benefits.  The firm also has considerable experience defending its clients in tax-related administrative proceedings and litigation.

  • Tax Planning.  The firm assists owners (including tax-exempt owners) and developers in structuring transactions to minimize and defer taxes.  Our tax-related services include choosing the appropriate form of ownership entity, optimizing ownership and financial structures, structuring financial and contractual relationships between service providers and capital investors and identifying tax-minimization opportunities in valuations and cost allocations.  We also assist investors in troubled real estate projects with planning exit strategies to maximize the tax benefits of their losses.

  • Tax Disputes.  The firm has represented clients in administrative tax controversies with the Internal Revenue Service and the Oregon Department of Revenue, and has represented clients in tax litigation in the U.S. Tax Court, the U.S. Court of Federal Claims, and several U.S. circuit courts.  Our tax controversy representations in the real estate area have involved issues such as identifying the true owner of property, disputing the existence of cancellation-of-indebtedness income, allocating costs among components of a real estate development, and interpreting IRS procedures regarding the current deduction of estimated future development costs.

  • 1031 Exchanges.  The firm assists buyers and sellers of all types of real estate in structuring their transactions as tax deferred exchanges, including exchanges ranging from garden variety forward to unusual and complex reverse construction exchanges and syndicated tenancy-in-common exchanges.  Our expertise in this area allows us to implement virtually any type of exchange transaction while providing valuable pre-exchange strategic planning and realistic tax risk analysis.

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Litigation

The firm has an experienced and highly knowledgeable litigation department which specializes in the resolution of real estate disputes.  Our litigators are well versed in a variety of litigation venues, including arbitrations, court actions, and administrative proceedings.

  • Real Estate Disputes.  The firm represents parties in all forms of real estate dispute resolution, including property acquisition and sale disputes, title and boundary disputes, easement disputes, partition actions, contaminated property problems, judicial and non-judicial foreclosure actions, eminent domain proceedings and commercial landlord/tenant disputes.

  • Construction Disputes.  We both prosecute and defend all types of construction litigation such as bid protests, lien claims, impact/additional compensation claims, warranty claims, and construction defect disputes.  The firm aggressively represents our clients in real estate disputes both before and after litigation is commenced. 

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Ball Janik LLP
Real Estate Practice Group Representative Client List
 

AMB Properties, L.P.
Aspen Investment Group
Atlas Investments
Ball Parc Development
Brooks Resources
Capstone Partners
Centex Real Estate Corporation

City Center Parking
City of Portland
City of Vancouver
Costa Pacific Homes, LLC
EC Company
Eagle Crest Partners
Felton Properties
Hoyt Street Properties, LLC
Killian Pacific LLC
Legacy Health System
Mary's Woods at Marylhurst 
Melvin Mark Companies
Morrison Street Fund I, L.P.

Mount Hood Meadows

NAI Norris, Beggs & Simpson
Opus Northwest, L.L.C.
Oregon Health & Science University

 (OHSU)
PG&E National Energy Group
Polygon Northwest Company
High Desert Development Partners
 (Pronghorn Resort)
Renaissance Development 
Schnitzer Investment Corp. 
Sisters of St. Mary of Oregon
Sunriver Resort Limited Partnership
The State of Oregon
Trammell Crow Company
Trammell Crow Residential Company
Washington State Public Stadium

 Authority
William Smith Properties
Williams & Dame Development

 Company, Inc.
WSCO Petroleum Corporation 

 
Professionals within this practice area:

 First NameLast NameTitle
View Susan J.Baird Associate
View Denise R.Case Associate
View Laura Craska Cooper Partner
View David W. Criswell Partner
View Aaron R.Harmon Associate
View Steven P.Hultberg Of Counsel
View Stephen T.Janik Partner
View Mathew W.Lauritsen Associate
View Bradley S. Miller Partner
View Jack L. Orchard Partner
View Timothy M. Parks Partner
View William H. Perkins Of Counsel
View Barbara W. Radler Partner
View Robert A. Stout Special Counsel
View Christopher M. Walters Partner
View Hope S.Whitney Associate