Real Estate

Halverson Northwest has experienced real estate attorneys in commercial, industrial, agricultural and residential real estate.  Our experience includes all aspects of property ownership, acquisition and sale, and real estate related litigation. 

Our real estate attorneys work with property owners to acquire, sell, lease and develop real estate throughout Central and Eastern Washington.  We also represent property owners in real state related litigation, and provide businesses and individuals owning or seeking to own real property, representation on environmental and regulatory compliance issues, water rights and land use planning and permitting.

Halverson Northwest attorneys focus their practices on how to form businesses and document and plan transactions all over the Pacific Northwest.  Owners and businesses face many challenges with respect to entity formation and operations.  We believe those choices are influenced not only by tax and legal considerations, but also the nature of the business and industry. 

Proper business planning requires a comprehensive approach that mandates an understanding of the broad range of issues affecting our region’s businesses. 

The professional experience of our business attorneys covers a wide variety of legal areas and industries.  We have provided counseling and guidance in virtually every area including the following:

  • Advice and implementation of business entity formation including corporations, partnerships, limited liability companies, joint ventures and sole proprietorships.
  • Federal and state taxation of corporations, partnerships, limited liability companies, joint ventures and sole proprietorships.
  • Secured and unsecured loans, representing borrowers and lenders, including acquisition, development, construction, bridge and permanent loan transactions, multi-parcel transactions, cross-collateral transactions, operating loans and lines of credit, and seller -financed transactions. 
  • Real estate acquisition and sale, together with real estate development, leasing (retail, office and industrial), and related permitting and compliance. 
  • Business franchising and product service distribution, including related agreements.
  • Corporate and entity governance including owner/management authority, board actions and determinations, and shareholder relationships.

Halverson Northwest has extensive experience on condemnation, eminent domain, inverse condemnation and taking proceedings.  Through its litigation, municipal, land use and real estate disciplines, Halverson Northwest has developed the resources to manage any property acquisition or condemnation proceeding.  We have successfully represented both property owners and municipal clients in acquisition projects.  Our representation includes evaluation of public use and necessity, negotiation of just compensation and damages, assessment of immediate use and possession, and litigation of just compensation and damages (if necessary).

In today’s world, governmental regulation and action can also give rise to claims of inverse condemnation and constitutional takings.  Halverson Northwest has successfully prosecuted “takings” where property rights were eliminated or restricted through regulation or failure to issue the land use permits, as well as flooding, noise and access from governmental projects or actions.  Litigation has also included challenges to regulator exactions and requirements that violate constitutional protections of property rights and interests.

Environmental regulations are constantly evolving with increasing impacts on virtually every public and private process.  Halverson Northwest has extensive experience in virtually every aspect of environmental regulation affecting all businesses.  A sound basis for representation in environmental matters requires not only background and experience in regulatory processes, but also the recognition of the changing nature of regulations, their interpretation and enforcement. 

Halverson Northwest has experience in the following: 

  • Cleanup of contaminated sites
  • Contaminated soil, groundwater and sediments
  • Environmental due diligence
  • Financing contaminated properties
  • Government enforcement actions
  • Insurance coverage for environmental claims
  • Leaking underground storage tanks
  • Project-related environmental impacts
  • Representations of Environmental Professionals
  • Shoreline regulations
  • Storm water regulation and permitting
  • Water quality
  • Wetlands and critical areas

Our experience and knowledge of ongoing environmental regulations served as a basis for representation on many types of environmental studies, plans, and permits, such as:

  • Cleanup action plans
  • Environmental Impact Statements
  • Environmental Site Assessments (Phase I and II)
  • Hydraulic and army corps permit approvals
  • NPDES and stormwater permits
  • Prospective purchaser agreements
  • Remedial investigation and feasibility studies
  • SEPA determinations
  • Shoreline permits
  • Wetland delineations
  • Wetland fill or alteration permits

Halverson Northwest has provided area businesses and property owners representation regarding environmental compliance and permits.  We have successfully assisted clients in obtaining environmental permits for business operations and development plans.  The permit application process allows regulatory agencies considerable discretion to place conditions and requirements on applicants.  The negotiation and implementation of permit conditions is essential to a successful project. 

Halverson Northwest has advised both business and individual clients on virtually every aspect of federal, state and local taxation.  We have counseled clients on a variety of sophisticated tax matters for corporations, limited liability companies, partnerships, cooperatives, tax exempt organizations and individual clients.  We recognize the significance of tax issues, but do so with a belief that taxes are only one of many factors in sound business planning.  

Federal, state and local tax legislation rapidly change.  Halverson Northwest places a high priority on monitoring proposed tax changes and implementing tax planning in the context of an integrated real estate or business transaction.  Particular areas of experience include tax issues associated with real estate transactions, corporate acquisitions and reorganizations, entity formation and operation (corporations, partnerships and limited liability companies) and estate planning. 


Transactional Practice: Acquistions, Sales and Mergers 

Halverson Northwest has extensive experience in tax planning for transactions including acquisitions, sales and mergers.  Our attorneys provide tax planning to corporations (and other taxable entities), pass-thru entities and individuals.  This planning ranges from complex corporate mergers, acquisitions, reorganizations, redemptions, recapitalizations and debt financings, to planning appropriate business structures for start-up and closely-held entities.  Transactional tax planning includes issues of both federal and state tax laws.  State law considerations include sales tax, use tax, business and occupation tax, property tax (including open space), and real estate excise tax. 


Real Estate Taxation

The ownership, transfer and use of real estate can present many federal, state and local tax issues.  Federal tax considerations include entity structure, allocation and distribution provisions, like-kind exchanges under IRC Section 1031, and property characterization and depreciation issues.  Real property tax issues are significant in terms of valuation, open space (including removal from open space) and excise taxes on transfers.  We work with property owners in order to address these complex issues. 


State & Local Tax

State and local taxes are becoming increasingly complex and significant in business and real estate matters.  Halverson Northwest is experienced in addressing issues related to sales, use, business and occupation, and property taxes.  Real estate transactions are further impacted by the real estate excise tax.  Our experience has included counseling and advocacy with respect to these taxes during both the planning and dispute resolution processes.  Our attorneys also handle administrative and judicial appeals on state and local tax assessments and claims. 


Nonprofit (Tax-Exempt) Organizations

We regularly advise tax-exempt organizations.  Representation includes advice with respect to structure and operation of the ventures, real estate and asset acquisition, and tax compliance and resolution. 

Halverson Northwest specializes in land use, zoning and permitting.  We have extensive experience in virtually every aspect of land use permitting and entitlements.  Our attorneys provide a creative and strategic approach in developing the appropriate project review and permitting strategy whether the project is a straight-forward short plat or a complex commercial or mixed use development.  Our attorneys are familiar with all aspects of the land use process including planning, permitting and litigation, when necessary. 

We represent owners, developers and interest groups.  Our representation has also included special use districts and municipal governments on both quasi-judicial and legislative planning.    

Halverson Northwest has experience in the following: 

  • Zoning and permit processes
  • State and local subdivision issues
  • Environmental review under SEPA/NEPA
  • Conditional or unclassified uses
  • Federal and state wetlands regulation
  • Critical Area Ordinances
  • Shoreline management applications
  • Hydraulic permit applications
  • Building permits
  • Master use permits
  • Dedications and exactions
  • Transportation impacts and analysis

Halverson Northwest also has extensive experience in litigation arising from or related to land use, zoning and permitting processes.  Our experience includes:

  • Administrative hearings before planning commissions, boards of adjustment, hearing examiners and local legislative and quasi-juridical bodies
  • Land Use Petition Act (LUPA) appeals
  • Land use appeals before the Court of Appeals and Supreme Court
  • Administrative appeals to Growth Management Hearings Board (GMHB)

Halverson Northwest has also been an advocate for clients in the legislative planning process.  Our representation has included matters regarding review and revision of comprehensive plans and zoning ordinances, applications for amendment of comprehensive plans, and active involvement in legislative planning processes. 

Halverson Northwest has extensive experience navigating the legal dynamics involved in the leasing of real estate.

Halverson Northwest has represented businesses and individual clients on virtually all areas of real estate law and transactions, and handles matters related to all phases of real estate development.  Our lawyers have extensive experience in real estate acquisitions and dispositions, including structuring, financing and investigating a wide variety of residential, commercial and agricultural transactions and developments.  At Halverson Northwest, we understand the dynamics of real estate transactions and development in the Eastern Washington region, and work cooperatively with owners, their agents, and governmental and regulatory entities to facilitate a successful transaction or development. 

Services related to real estate development include: 

  • Business formation and planning
  • Environmental regulation and compliance
  • Federal, state and local taxation
  • Land use, zoning and permitting
  • Water rights and regulation
  • Construction issues and contracts

 Attorneys at Halverson Northwest have helped local and regional clients in the development and construction of a variety of development projects, including office buildings, retail and mixed-use developments, residential subdivisions, multi-family projects, recreational developments, business and industrial parks, retirement and assisted-care centers, medical and hospital facilities, and all types of agriculture and agricultural-related business and development. 

The real estate attorneys at Halverson Northwest also utilize the full resources of the firm by integrating lawyers and other practices as part of the development team, such as business formation, tax planning, environmental regulation and compliance, water rights, construction and litigation.

Halverson Northwest has extensive experience with real estate litigation.

Halverson Northwest has extensive experience managing the legal elements of real estate transactions.

Halverson Northwest does a variety of real estate work for and on behalf of title and escrow companies and insureds (both property owners and lenders).  Such work includes: 

  • Actual or threatened government enforcement actions
  • Boundary disputes
  • Changes of ownership
  • Priority disputes between lienholders
  • Easement and access issues
  • Eminent domain and condemnation
  • Escrow procedures and accounting
  • Foreclosure
  • Mechanic's lien and stop notice claims
  • Real estate title issues and disputes
  • Documenting title insured transactions

Halverson Northwest partners with both private and public sector clients in the acquisition, development and management of water rights. Water users require specialized strategic guidance at a time when water resources have become increasingly scarce and regulatory burdens have multiplied. Among other clients, we represent irrigation districts, canal companies, water user associations, farming and warehouse operations, real estate developers and individuals. Our clients’ success requires both specialized legal expertise and strong working relationships with major water resources stakeholders, including the Washington Department of Ecology, American Indian tribes, municipalities and conservation organizations. Our diverse experience includes:

  • Representation of hundreds of clients in the 30+ year Acquavella adjudication of surface water rights in the Yakima River Basin
  • Identification, valuation and acquisition of surface and groundwater rights
  • Litigation and settlement of  water-related disputes among rights holders and landowners
  • Administrative applications through Ecology and Water Conservancy Boards to transfer and change water rights to new locations and uses
  • Development and use of water banks, trust water rights and similar mechanisms to mitigate for new residential and commercial uses in water-scarce areas
Yakima Office

405 E. Lincoln Ave
Yakima, WA 98901

PO Box 22550
Yakima, WA 98907

Phone: 509-248-6030
Fax: 509-453-6880

Sunnyside Office

910 Franklin Ave, Suite 1
Sunnyside, WA 98944

PO Box 210
Sunnyside, WA 98944

Phone: 509-837-5302
Fax: 509-837-2465

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