Land Use


PRACTICE AREA ATTORNEYS
BARRY R. MANDELBAUM
OWEN T. HUGHES
DEBORAH L. GREENE
CRAIG W. ALEXANDER
CHARLES S. LORBER
ROBIN F. LEWIS
ANDREA L. ALEXANDER
MANUEL R. GROVA, JR.
The firm provides our clients with guidance through every phase of the real property development process including:
  • Negotiations and Preparation of Transaction Agreements
  • Due Diligence / Title / Environmental Compliance
  • Procurement of governmental approvals and permits
  • Financing-Fee and Leasehold Interests
  • Leasing and Property Management

Mandelbaum Salsburg’s Commercial Real Estate Practice Group has been assisting our clients purchase, sell, finance, develop, lease and manage real property for over fifty years. We represent owners, purchasers and tenants with a broad array of property interests ranging from commercial and industrial facilities to multi-family housing. Our clients include real estate operating and development companies, institutional lenders and investors, retail tenants and corporate users. Our technical skill, experience, practical perspective and business acumen enable us to skillfully execute complex transactions in a cost-effective manner.

Real Property

Our transactions involve diverse asset types including office buildings, shopping centers, malls and industrial facilities. Our practice group has developed and implemented complex condominium structures with reciprocal easements, covenants and declarations to address the rights and interest of multiple owners and users of complex mixed use industrial and commercial property. Our environmental lawyers provide advice on the remediation and redevelopment of contaminated property, and compliance with statutes and government regulations affecting real property transactions, including ISRA compliance, underground storage tank issues and soil and ground water remediation. We also provide support in evaluating environmental insurance products to promote successful management of the risk and liability a property owner may face with respect to future remediation and other environmental related claims.

Recently, the Commercial Real Estate Practice Group completed a complex transaction where our client as tenant permitted recapture of a long-term commercial leasehold to owner/lessor and termination of a sub-tenancy on the recaptured leasehold. The transaction required environmental remediation on the part of the sub-tenant and procurement of significant access easements over the recaptured land to other property owned by our client. We were able to successfully use our expertise and knowledge regarding leasing, environmental law and regulation, and property rights to guide our client through the array of complex matters encountered in this transaction in an economical and practical manner. We also recently represented developers in their procurement of Brownfield properties, and the development of such properties for viable commercial and residential use. These projects not only required significant oversight of the environmental remediation process and procurement of environmental insurance to leverage the risk and liability of future remediation, but also included advice and guidance regarding governmental approvals and permits at the local and state level and counsel, construction contracts, construction lien issues and commercial and residential leasing. In these transactions, we demonstrated our expertise and organizational skills to address a wide array of legal issues and administer and supervise development of strategically located properties with practical and economical solutions.

Land Use

Procurement of governmental approvals and permits are an integral component of real property development. Our land use attorney regularly appear before Municipal boards and other governmental agencies to procure planning approvals, variance relief, subdivision approval and other permits and approvals essential to the contemplated use of property.

We are also skilled and experienced in coordinating Brownfield and redevelopment area acquisition, development and financing. Together, with support from our members handling environmental matters, we represent developers, contractors and investors in obtaining permits and approvals regarding wetlands and other environmental issues effecting property development.

Condominium and Community Associations

Our Commercial Real Estate Practice Group is skilled and experienced in developing commercial and mixed use condominium structures including organization of commercial and residential condominium associations to facilitate and enhance property development. Our attorneys also provide representation to residential and commercial condominium associations including matters pertaining to by-law enforcement, voting and meetings, contract procurement and assessment collection.

Leasing

We represent both landlords and tenants in complex leasing transactions for a broad array of asset types. Our leasing practice includes conventional office, shopping center and industrial property leases as well as long term ground and net leases. As a result of our extensive experience in this area our attorneys fully appreciate and understand the intricacies of lease administration and management and successfully develop practical and cost effective solutions to complex leasing issues.

Tax Appeals

Our Commercial Real Estate Practice Group provides clients with advice and assistance on all tax aspects of the real estate transaction, including 1031 Exchanges, and sponsorship with outside investors and partnerships. This practice group has also been successful in obtaining reductions in real property taxes, as well as negotiating state and local tax credits, benefits, and other incentive packages for commercial and industrial clients. This group has also utilized its expertise in valuation and negotiation with public entities to successfully defend and maximize awards in public-taking matters initiated by state and local authorities.