Real Estate, Land Use, and Redevelopment
Real Estate and Land Use Law
The scope and breadth of Smith Hartvigsen’s real estate and land use practice goes beyond traditional areas of transactions, leasing, title review, and closings. We also provide expertise in land use, zoning and entitlements, community development, and redevelopment law, as well as water right aspects of real estate issues and transactions. Our clients represent the wide spectrum of players in the real estate industry, including commercial developers, residential developers, contractors, purchasers, sellers, lessors, lessees, homeowners associations, municipalities, special districts, and water companies. This broad representation gives us unique insight into the varying interests inherent in real estate transactions.
Attorneys at Smith Hartvigsen handled all of the real estate and entitlement aspects for the development of the world class Amangiri Resort in southern Utah, including acquisition of land from School and Institutional Trust Lands Administration, creation of private and public entities to provide utility services, and negotiating a solar interconnection agreement with Garkane Power.
Whether your real estate issue is large or small, simple or complex, Smith Hartvigsen can provide the personal representation, expertise, counsel, and advice you need.
Redevelopment, Economic Development, and Tax Increment Financing
“Redevelopment” is the process under Utah state law by which local governments may use tax incentives to encourage economic development, eliminate blight, promote job creation, and enhance communities. Redevelopment may take one of three tracks under Utah law: economic development, urban renewal, or community development. Through the use of property tax and sales tax incentives, cities and counties are able to stimulate development that otherwise would not occur. The distribution of tax incentives and administration of redevelopment project areas is accomplished through a Community Development and Renewal Agency—more commonly referred to as simply a “redevelopment agency”—created by the legislative body of the community. With the cooperation of entities that levy taxes within the project area and through agreements with private developers, the redevelopment agency uses a portion of the new tax revenue to encourage development.
The attorneys at Smith Hartvigsen have many years of experience representing local governments, redevelopment agencies, and private developers with redevelopment issues, and are constantly monitoring legislation that may affect the firm’s redevelopment clients. Whether creating a redevelopment agency and project areas completely from scratch, handling the ongoing administration of a redevelopment agency and project areas, negotiating agreements with developers, revitalizing a stagnant project area, or just examining the potential benefits of a proposed redevelopment project, our attorneys can provide the services your community needs and can help guide your community through the redevelopment process.
From large industrial and commercial projects encompassing hundreds of acres, many private developers and businesses, and hundreds of millions of dollars of new development, to small projects of only a few dozen acres, our attorneys have the experience to make such a project successful. Our attorneys also have experience with non-routine redevelopment matters such as environmental contamination, extremely short timelines, political opposition, and other unique situations; our attorneys have helped many communities overcome such hurdles and successfully stimulate new economic growth within those communities.
Smith Hartvigsen offers a unique combination of expertise to address your community’s redevelopment needs. Smith Hartvigsen also works closely with bankers, bond counsel, and other consultants as needed to provide the full range of expertise needed to make your community’s project a success.