Real Estate Law

Commercial and Private Real Estate

Kahn, Dees, Donovan & Kahn, LLP enjoys a long history of delivering a wide array of real estate services to our clients. Our real estate services include:

Acquisitions & Sales

Real estate contract forms contain more than just “standard” provisions, as is often believed. These pre-printed forms are usually heavily slanted in favor of the party preparing or issuing the forms.

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Pre-prepared forms are commonly ill-suited for the particulars in your given transaction, as every real estate transaction is unique and carries with it a one of a kind set of challenges and complexities. Our attorneys are seasoned in real estate contract negotiations for sellers, buyers or lenders. Whether an executive’s home purchase, or a manufacturing plant, KDDK’s real estate team uses every tool available to effectively and creatively pursue your objectives. KDDK’s hallmark is providing turn-key services, bringing a transaction from contract to the close as quickly as possible, while guiding you through the process of real estate transactions or disputes. We understand assembling and working with teams of surveyors, inspectors, brokers, environmental and other consultants requires exemplary multi-disciplinary communications and coordination. Our independence from these consultants and the title insurance industry distinguishes us from other firms in the area, as this independence enables us to negotiate, without compromise, with title insurance underwriters. This distinction is crucial when dealing with the complex coverage exceptions, disclaimers and endorsements laden in modern title insurance policies, opinions and claims.

Industrial Expansions, Relocations and Tax Incentives

Building a globally competitive office or manufacturing facility takes more than a deed and construction contract, it requires a coordinated effort between developers, landlords, financial institutions and legal counsel with knowledge of the local economic climate.

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KDDK has assembled tracts of land ranging from 100 to 1,000 + acres for several of the nation’s largest companies, including AK Steel and Con Agra. Knowing what government incentives are available is essential to our clients’ bottom line. We have secured for our facility relocation and expansion clients grants, income tax, benefits, and local legislation granting property tax savings, through property tax deferral programs. We realize these types of competitive advantages are critical to a company’s decision to invest in the Tri-State area, or elsewhere. As active leaders involved with the Chamber of Commerce of Southwest Indiana, Economic Development Coalition of Southwest Indiana, Hoosier Voices for I-69 and the Evansville Industrial Foundation, we are continually striving to facilitate the Southwest Indiana region’s economic development.  (see also Construction Law, Economic Development Services)

Leases and Licenses

The strength of a real estate development often relies on the details of an anchor lease. Our attorneys regularly negotiate and draft office and retail leases for developers and tenants.

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Likewise, we routinely counsel landlords of both residential and commercial property in the enforcement process associated with leases and licenses. Drafting sophisticated lease provisions that seal the deal, while protecting your investment, poses a challenge our seasoned real estate attorneys are adept at solving.

Like-Kind Exchanges

Incurring added taxes just when a growing business plans to relocate for expansion can be financially devastating. By assisting owners of commercial real estate in utilizing the tax-deferred opportunities provided for business or investment real estate, we are able to save our clients from unnecessary capital gains tax.

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Following the complex, particular and unique requirements for like-kind exchanges can take experience, special know-how and creativity.
KDDK real estate attorneys are skilled in navigating the special ins and outs of like-kind exchanges and possess the innovative and creative thinking to meet your needs.  To read more about like-kind exchanges, please click here.

Neighborhood Associations and Condominiums

As common interest communities become more prevalent, the need for solutions to quality of life issues has increased. We represent developers and neighborhood associations in protecting their communities.

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Our attorneys also assist developers in establishing neighborhood restrictive covenants and condominium declarations. More and more, our clients are finding that proper planning and well thought-out documentation can prevent neighborhood conflicts before they begin, which serves to enhance and preserve future property values.

Property Taxes

The inclusion of subjective provisions in our property tax assessment codes, as well as our government’s apparent preference to collect taxes from non-voting commercial entities, requires business owners to periodically pursue property tax assessment challenges.

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Our knowledge of property tax codes affecting industrial, commercial and residential clients, includes property tax petitions and appeals before County Boards, State Board, Tax Court and even the Indiana Supreme Court.

Utility and Other Easements

Old easements and encumbrances often affect land development and growth. The negotiation of utility and adjoining owner ingress/egress easements can thus become critical to a development or an expanding business operation.

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Our lawyers are skilled at resolving disputes arising from utility, rail, oil, gas and other pipeline easements. We are also well-versed in the negotiation of easement amendments and, if necessary, litigation to resolve issues with old or poorly drafted easements and other title encumbrances.

Zoning and Land Use Planning

Our real estate attorneys practice throughout the region and have a solid, established record in successfully counseling clients through local zoning code procedures.

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We do not engage in “kamikaze” type rezoning or variance strategies, where notices are last minute and sparse information is furnished neighboring stakeholders. Our “coaching” approach instead promotes early intervention, and consensus-building communication strategies. We have found this approach enables clients to build and preserve strong, enduring relationships avoiding adverse community relations and costly litigation. Moreover, in the long run, this approach saves time and money.