We have a broad base of experience representing developers before governmental entities regarding land use matters including:

• redevelopment
• condemnation
• annexation
• licensing
• zoning
• planning
• tax matters -- including tax protests, obtaining tax abatement or tax increment financing and other public financing tools

Our services in this area have included preparing numerous financing plans and presenting them to various commissions. In this capacity, our attorneys have drafted redevelopment agreements, present value calculations, tax abatement impact analyses, TIF policies and proposed ordinances. Our attorneys were instrumental in creating the first “pay as you go” TIF in Kansas, which resulted in substantial savings and tax advantages to the developer. In the process of advocating new development or redevelopment applications for you – often for complex projects – we strive to seek all available project incentives, enhancements, deferments and abatements.

Several of our real estate attorneys are former city attorneys. Their knowledge of the “inner workings” of local government provide invaluable insight in the zoning/planning process.

Additionally, we have represented municipalities and quasi-governmental entities in the land use area and through many years our attorneys have developed close working relationships with representatives of a vast number of governmental agencies and commissions in cities and counties throughout Kansas and Missouri. Working with both municipalities and private developers, our attorneys have extensive experience in the environmental aspects of development, including drainage, wetland and flood plain regulation as well as creating, developing and protecting historic preservation districts.

Our experience handling land-use, zoning and development matters includes:

• Served as developer counsel in an approximately $3.5 million TIF Bond Financing through the Kansas City TIFC – City Counsel in the Union Hill area of Midtown Kansas City, Missouri. The TIF Bond proceeds are being utilized to purchase blighted structures and clear the lots for future development.
• Assisted in the planning and implementation of some of the most prestigious residential communities in Kansas City, including all Rodrock Communities; the Pavilions; the National; Briarwood and Berkshire.
• Represent a group of commercial and residential developers in the creation of what is believed to be the largest sewer district in recent Johnson County history. The 2,000-acre area will be master planned with the assistance of Lathrop & Gage attorneys.
• Represent 10 Kansas City area golf courses and the communities that surround them.
• Represented AC Entertainment Inc. in the acquisition of sites for and the development of numerous multi-screen movie theatres throughout the United States, Canada and abroad.
• Aided a world famous corporation, with representation in numerous projects including the construction of an $85 million manufacturing plant, distribution center and box plant in Abilene, Kansas, a $45 million specialty manufacturing plant in Iola, Kansas and the acquisition/development/leasing of seven distribution facilities in various locations around the country.
• Represent several large out-of-state real estate companies with their Kansas City ventures. Specifically, we are involved with selling properties and negotiating various infrastructure improvements to assist in the creation of a 1,100-acre industrial park, as well as a 1,700-acre multi-use project near Hodge Park in Clay County. In addition, we are assisting our clients negotiate the construction and donation of a golf course and the planning of a 1,700-acre mixed-use development, including residential, commercial, office and retail uses.
• Represent a drainage district that is primarily responsible for maintaining a series of internal drainage ditches, a pump station and a levee. In connection with the drainage district, we have ongoing real estate matters, including lease negotiations, easement negotiations and quiet title actions.
• Provided representation to the developer in a $70 million midtown Kansas City, Missouri, retail shopping center redevelopment of two “blighted” and separate arenas comprising approximately 20 city blocks. In addition to tenant lease negotiations and other development services, we assisted the developer in securing “tax increment financing” (TIF) for public improvements through the Kansas City Tax Increment Financing Commission (TIFC) and the Kansas City, Missouri City Council. We negotiated and prepared a number of complex land use and development agreements with adjoining owners to those projects. We also worked with the TIFC and the City in the assembly of the various tracts involved from numerous owners through private acquisition negotiations and condemnation actions available for blighted area redevelopment.
• Provided national representation for a subsidiary of a leading producer of building systems, specialty components and construction services in the United States.
• Aided a major regional bank, in the development of a 300-acre commercial and light industrial park near KCI airport.
• Represented the landowner in connection with a 700-acre residential golf course and commercial development in Leawood, Kansas.
• Represented a leading national retailer in its development of large retail stores in shopping malls and centers within and outside the Kansas City Metropolitan Area. This work involved stores and properties at major malls in the Kansas City area as well as store locations in Columbia, Jefferson City and St. Joseph, Missouri and Topeka, Kansas. We also represented this client on acquisition and zoning matters for its $50 million distribution center in Lenexa, Kansas.
• Represented our developer-client in Kansas City, Missouri, to secure approval of a Tax Increment Financing District for the development of a hotel.
• Represented the developers in all aspects of several million dollar business parks in Lenexa, Kansas including leasing, platting, financing (including bond financing), joint venture agreements, sales and construction.
• Aided in the redeveloping of numerous historic downtown Kansas City buildings. Services rendered by the firm have included amendments to the Redevelopment Plan with City of Kansas City, Missouri, including appearances before the City Council and City Planning Commission, and enforcement of the Redevelopment Plan through condemnation actions and negotiations with various owners within the redevelopment area.
• Assisted one of the world’s largest data communications companies in various real estate development and related real estate matters. This work included representing this client as the lessee in negotiating and drafting the lease for its premises in downtown Kansas City, Missouri, which is believed to be the single largest office building lease in Kansas City history.
• Represented the landowner in connection with redevelopment in the Crown Center area of downtown Kansas City, Missouri. This work included negotiation and drafting of development agreements, survey, title and conveyancing work, negotiation and drafting of agreements for building construction, and continuing legal advice to our client with respect to activities of and relationships with the developer.
• Represent a large Kansas City-based manufacturing company in its acquisitions of commercial properties, including manufacturing plants and distribution centers, in various cities throughout the United States.
• Represented a large commercial real estate developer in the development, leasing and construction of a 35-acre retail center in Kansas City, Missouri. We handled all aspects of the development from acquisition through financing and leasing. We also handled the negotiation of leases, including those with national chains. Our attorneys handled all aspects of the land use project from planning and zoning at the municipal level through construction and leasing of the project.
• Represent a major Kansas City hospital in the development of its south campus and also the marshalling of the planning, zoning and development of surrounding areas.
• Serve as regional counsel for an international grocery company. In 1997, this client commenced construction of its newest $40 million regional distribution center in Olathe, Kansas. Our attorneys located and completed the negotiation for the purchase of the distribution center site. The project involved annexing the subject site into the City of Olathe, negotiating the extension of sanitary sewer to the property and mediating an inter-local agreement for the extension and provision of water to the site. This project also involved extensive negotiation with the State of Kansas and the City of Olathe, where we successfully obtained significant development incentives and property tax abatements for the client.
• Negotiated, drafted and successfully completed benefit district petitions for the construction of streets, utilities and sanitary and storm water sewers throughout the Midwest.
• Act as land use and systems development counsel for several telecommunication providers. Our services involve the process of filing and advocating special use permit applications before municipal and county government agencies to facilitate the placement of telecommunications towers throughout the Kansas City metropolitan area and surrounding counties on both sides of state line.
• Represent a church in the planning and development of a 120-acre church campus to be located in Overland Park, Kansas. This $70 million church campus is anticipated to be the largest of its kind in the Midwest.
• Acted as development counsel for a racetrack facility in Kansas City, Kansas. This client’s $70 million state-of-the-art dual grandstand facility was the first of its kind in the country. We were also successful in obtaining the original racing licenses for the facility and were among the drafters of the Kansas Parimutuel Racing Act legislation, which legalized parimutuel betting in Kansas.
• Represented the owner/developer of property sold to the City of Leawood for the development of a golf course and the surrounding upscale residential community. The project involved land use presentations to the City of Leawood and the development of a framework to facilitate the purchase and development of the championship quality course via funds from a special election bond issue.
• Filed a condemnation action as counsel for the City of Lenexa, Kansas, to acquire the necessary right-of-way to extend Quivira road over existing I-35. The project entailed the condemnation of approximately one hundred property ownerships and also the determination of an issue of first impression; the condemnation of air space spanning over real property. We have also served as landowner counsel to protect the rights of property owners against improper condemnations. Our attorneys successfully convinced the City of Overland Park to make a $200,000 design change at the intersection of 151st and 169 Highway to allow clients to have ingress/egress access to their properties from a divided roadway.
• Represent the Kansas City and St. Louis offices of a major real estate development company in its real estate development and leasing activities. We have represented it in the acquisition and leasing of a major bank service center, the development of a high profile office building and the acquisition of prime real estate for office development.
• Represent a division of a Dallas-based investment company in its leasing of five bank office buildings in Missouri, Kansas and Illinois.
• Involved in the acquisition, zoning, development and expansion of a medical equipment plant facility in Lawrence, Kansas.
• Represented a developer in negotiations with the landowner in connection with a development agreement for a 20-acre site in Columbia, Missouri for retail and commercial purposes.
• Represented a major Kansas City hospital in its acquisition of another hospital facility and its redevelopment for use by our client. Services rendered included negotiations with the owner, the City of Kansas City, historic preservation groups, contractors and engineers. This redevelopment is located within a Land Clearance for Redevelopment Authority Urban Renewal Area.
• Represented a client in an industrial development project on Kansas City’s West Side. This development is being done pursuant to various City and Federal requirements keyed by Federal Grants of $7.1 million to the City of Kansas City and a Section 108 Loan. The property is blighted by industrial-related environmental problems and is considered to have historical value by the State of Missouri. We have analyzed various options for our client, including Tax Increment Financing and Chapter 353 Redevelopment rights. The City of Kansas City approved a 353 Plan for the area in June of 1996. We are negotiating Section 106 and environmental remediation plans with the State of Missouri. The financing and affirmative action requirements of this project are quite involved and have required a thorough knowledge of the City’s requirements as well as the requirements of the United States Department of Housing and Urban Development. We have also handled various aspects of this project related to the Uniform Relocation Act.
• Our work on the Midtown TIF Plan for Kansas City, Missouri, included the analysis and negotiation of a “back-up” component for issuance of bonds by Kansas City, Missouri under the Missouri Neighborhood Improvement District (“NID”) Act in the event this Project would be unable to move forward solely with TIF Bond financing by Kansas City. In addition, we have represented an Owners’ Association in one of the initial NID Projects done in Kansas City. This Project includes new streets, curbing, sidewalks and historic lighting improvements.