Successfully represented one of the nation's largest energy producers and transporters, Dominion East Ohio, in a case involving a natural gas supplier who placed restricted covenants on property deeds, forcing all owners and lessees to buy gas from it. The supplier sued Dominion when a commercial customer tried to enter into a new retail supply agreement with them. Courts struck down the covenant for lack of considerations and ruled the restriction as a violation of Ohio public policy.
An integrated team offering full-service real estate solutions nationwide.
Bricker & Eckler provides a full range of real estate law services. From acquisition, financing and development to investment, leasing and sales, our team assists in all aspects of real estate transactions. Clients benefit from our collaboration with the firm’s other practice areas, including tax, construction, public utilities, environment, public finance and commercial lending.
First developed in the 1940s, our firm’s real estate capability has expanded nationally. In addition to extensive work in Ohio, we have participated in real estate transactions in nearly every state in the country. Adding to our national distinction, our real estate group is highly rated among Ohio firms by Chambers USA.
Types of clients we represent:
- Banks and financial institutions
- Commercial and residential property developers
- Health care systems and hospitals
- Local and state governmental entities and agencies
- Telecommunication companies
- Oil and gas companies
- Electric generation companies
Examples of the services we offer:
- Comprehensive drafting of transaction documents
- Thorough due diligence
- Distressed loan workout and collection
- Negotiating the purchase and sale of equity interests
- Negotiating governmental development incentives and funding sources
- Land subdivision
- Wetlands and other environmental permitting
Related Industries & Practices
Bricker’s real estate attorneys have been involved in countless retail, restaurant, medical, professional, industrial and mixed-use leases throughout Ohio and beyond. With a wealth of experience reviewing, drafting and negotiating commercial lease agreements, we are able to handle the complex issues that often arise. Our attorneys have broad experience representing public and private entities in leasing transactions. We have also developed specific skills in negotiating leases in the telecommunications industry and in the area of wind energy development, handling a high volume of transactions with speed and consistency.
We maintain a sophisticated, high-volume commercial lending practice, representing numerous commercial mortgage lenders throughout Ohio and the U.S. Understanding the complex documentation and procedural requirements, our real estate attorneys and paralegals are skilled in handling a variety of loan types and capital transactions. We take a solution-based approach to the loan documentation and closing process that is supported by our deep understanding of our lender clients’ businesses and customers.
Working cooperatively with both public and private entities, our firm handles a wide range of development projects from all sides of the transaction. We build creative solutions around issues that may arise while obtaining property or throughout the development process. Whether approached with finance, construction, zoning, environmental or tax questions, our attorneys have the resources and experience to provide strategic and timely answers.
Bricker & Eckler’s attorneys have helped developers and lenders finance some of Ohio’s notable historic rehabilitation projects using the Federal Historic Rehabilitation Tax Credit Program and the Ohio Historic Preservation Tax Credit Program and can advise on the real estate, lending, land use, investment, compliance and tax implications surrounding this unique financing option. Our historic tax credit experience encompasses a variety of project types across the state. We work with clients during all stages of the project to help them understand the particular challenges, opportunities and risks of historic tax credit projects so that their interests are protected throughout each stage of development.
Developers and lenders that understand the complexities of offering affordable housing can benefit from several incentives, including federal and state tax credits. From eligibility requirements to financing options to compliance, our commercial finance and development attorneys help clients implement a variety of financing tools, including Low Income Housing Tax Credits (LIHTCs), historic tax credits, various U.S. Department of Housing and Urban Development (HUD) financing programs, Rural Development 538 guaranteed financing, Rural Development 515 financing, various state housing agency financing programs and more.
Led the restructuring of numerous personal property secured transactions as counsel for both senior and mezzanine lenders.
Involved in the acquisition and transactions of several mixed-use lifestyle commercial/retail/office developments.
Involved in 40+ mixed-finance low-income housing tax credit projects in Ohio, Kentucky, Pennsylvania, Florida and Texas.
Assisted clients in acquiring 3-39 properties in scattered site locations to build an apartment project portfolio.
Served as counsel in several tax-exempt and taxable housing revenue bond acquisition and renovation transactions throughout the Midwest.
Represented Oregon Clean Energy, LLC before the Ohio Power Siting Board for approval to build a 799 mega-watt natural gas-fired combined-cycle generating facility in Oregon, Ohio. We also provided extensive counsel on real estate, environmental and tax issues related to the facility and acted as Ohio counsel responsible for due diligence required for its $850 million financing.
Provided comprehensive representation of large, interstate natural gas pipeline company regarding a $450 million project for 76 miles of new 30-inch diameter pipeline and associated support facilities in Ohio. The project included environmental permitting and regulatory advice, real estate negotiations and transactional support, eminent domain litigation and work with local governments on road use maintenance agreements.
Provided representation to a bank trustee controlling nearly 4,000 acres of mineral rights in eastern Ohio. Beginning with the negotiation of an above-market-value oil and gas lease, which resulted in an initial payment to the trust of tens of millions of dollars, we provided related legal services, including the completion of title curative work, lease maintenance activities and the negotiation of ancillary agreements.
Represented a developer in connection with the acquisition, leasing and sale of a retail shopping center shadow-anchored by a grocery store in suburban Columbus.
Served as developer's counsel in connection with development and leasing of multi-building retail shopping center in central Ohio.
Represented client in connection with the acquisition, redevelopment and sale of a retail/restaurant site on North High Street in Columbus.
Prepared architect, contractor and design-builder agreements for private developer
Prepared design-build contract for private company's new office and manufacturing facility.
On behalf of one of the largest owner/operators of low-income tax credit properties in the country, successfully litigated the valuation of real property with low-income housing credits in which a portion of the purchase price was allocated to the value of the credits, reducing the price paid for the real property.
Assisted tenant with the negotiation of lease for a large retail space in suburban Columbus.
Represented a landowner and litigated a quiet title action to a successful settlement with the operators of an abandoned oil and gas lease.
Assisted with the $33 million HUD refinance of a 900+ unit multi-family housing project. This is the largest Green Initiative Project HUD has underwritten and financed.
Represented the trust department of a national financial institution in all aspects of the sale and leasing of office and retail real estate and the reinvestment pursuant to deferred like-kind exchanges.
Negotiated office leases for more than 30,000 square feet in downtown and suburban Columbus.
Involved in a $45 million federal HOPE VI redevelopment housing project in Cincinnati, Ohio.
Negotiated build-to-suit leases, related easements, construction contracts and energy contracts on behalf of manufacturing facilities, factory distribution centers and warehouses, including one of the state's largest employers.
Negotiated and documented the relocation of easements with public utility companies in order to clear a site for a manufacturer's development.
Drafted a unique school district-hospital agreement to provide educational opportunities to high school students.
Assisted several Fortune 500 companies in locating their operations centers, distribution centers and warehouses in Ohio. Projects involved rezonings, variances, environmental permittings and remediations, financings, and coordinating tax abatement and other economic incentives from state and local governmental agencies.
Negotiated the turnover of a major manufacturing and high-tech repair facility on a U.S. Air Force Base to a newly created port authority. The project facilitated the privatization-in-place of that facility and the retention of jobs. We assisted with leasing additional build-to-suit space for other tenants and the expansion of the resulting port authority-owned industrial park to create additional development sites and jobs.
Facilitated economic incentives and new construction financings for manufacturers through several of Ohio’s port authorities, including exemptions from sales taxes for portions of the construction.
As lender's lead counsel, negotiated and documented numerous asset-based financings, including an asset-based financing transaction in excess of $500 million.
Served as lead counsel for the borrower in connection with a $100 million series of financings to develop a consumer products manufacturing facility.
Assisted a major national office building and hotel developer, handling all aspects of Ohio transactions and out-of-state transactions, in the development of a $181 million, 48-story, 1,100,000 square foot office tower.
Counseled a luxury hotel in a riverfront urban renewal development project involving air rights, private and public financing and a joint venture of local businesses, including four Fortune 500 companies.
Served as title insurance counsel for acquisition of fee and 99-year leasehold estates to assemble site for a $100 million State of Ohio office tower.
Assembled land from multiple owners and cleared the title to accommodate office and warehouse and manufacturing space, including over 800 acres for a $470 million brewery.
Assisted the acquisition of numerous sites in central Ohio for the development and expansion of public facilities.
Represented the lender, a regional bank, in connection with a construction loan for a low-income housing tax credit rehabilitation project. Because the project involved a historic building financing from state and federal historic tax credits was utilized, among multiple other financing sources.
Represented multiple banks in connection with over 100 construction and permanent loans for low-income housing tax credit projects utilizing the USDA Rural Development 538 Loan Guaranty Program.
Represented a national platform bank in connection with an equity bridge loan for an approximately $115,000,000 low-income housing tax credit rehabilitation project in Massachusetts involving MHFA Bond financing and Fannie Mae financing
Served as counsel for a public entity in connection with the lease and eventual acquisition of a 40,000+ square-foot facility in northeastern Ohio.
Represented a national platform bank in connection with construction loans totaling $15,000,000 for two phases of a Section 8, low-income housing tax credit, revitalization project in New Jersey involving a ground-lease structure and County Bond proceeds, HOME Loan proceeds, FHLB Loan proceeds and HUD Replacement Housing Factor Funds.
Represented a super regional bank in connection with a $37,000,000 line of credit/refinance transaction for a multi-state shopping center portfolio involving a co-obligor arrangement with a Canadian parent entity.
Represented a national platform bank in connection with a direct purchase bond transaction in Ohio. The project involved multiple layers of financing for the renovation of a historic building to be converted into a low-income housing tax credit project.
Represented a national platform bank in connection with the construction and permanent financing for a scattered site low-income housing tax credit project located in Ohio.
Represent a national platform bank in connection with a $50,000,000 line of credit facility secured by over 2,000 acres of real estate collateral.
Represented a regional bank in connection with a construction loan for a low-income housing tax credit project located in Georgia on a ground-leased site. The project also involved HUD financing, Tax Credit Assistance Program financing and Tax Credit Exchange financing.