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 some would have you believe. These printed forms are usually slanted to heavily favor the interests of the tendering party. Intended for use in any situation, prepared forms are commonly ill-suited for the particulars in your given transaction. Our attorneys are seasoned in real estate contract negotiations for sellers, buyers or lenders. Whether an executive's home purchase, or a manufacturing plant, by bringing us aboard when a transaction is first contemplated, the resulting value of our services is greatest. Our hallmark is providing turn-key services, bringing a transaction from contract to the close. We realize assembling and working with teams of surveyors, inspectors, brokers, environmental and other consultants requires good multi-disciplinary communications and coordination. Our independence from these consultants and the title insurance industry distinguishes us from other area firms. It enables us to negotiate without compromise with title insurance underwriters. This difference is important 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. We recently 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 this competitive advantage is critical to a company's decision as to whether to invest in the Tri-State, 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 this 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 office and retail leases for developers and tenants. Likewise, we routinely counsel landlords in the enforcement process associated with leases and licenses. Creating a lease provision that seals a deal, while guarding your investment, poses challenges our seasoned negotiators 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. Following the complex and particular requirements peculiar to like-kind exchanges can take experience, special know-how and creativity. 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. Our attorneys also assist developers in establishing neighborhood restrictive covenants and condominium declarations. More and more, our clients are finding that by proper planning and well thought-out documentation, neighborhood conflicts can be prevented, enhancing and preserving 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. 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 routinely 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. 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 government relations lawyers practice throughout the region and have a solid record in successfully counseling clients through local zoning code procedures. 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.