Land Use & Development

Putting land use law to work to keep development projects moving

A growing population and expanding development means land use issues are increasingly complex. Evolving policies and swelling public interest can make even the simplest development projects controversial. You need legal counsel that gets all the facets of your development project from land use and entitlement to disposition. You need Brownstein’s nationally ranked real estate team.

At Brownstein we draw on decades of experience in public and private sectors across the country, working with municipalities and economic development organizations on major development projects. In tune with market forces and constantly assessing expectations during the negotiation process—we help complete projects with fewer complications. We guide the entire development process, setting objectives and handling matters of due diligence, land use, entitlements, acquisition and disposition, environmental concerns, financing and construction, contracts, title and mineral issues. We assist development clients with financing, including public financing, mezzanine debt structure and equity investments, as well as positioning property for sale. We get results for our clients that go beyond getting the deal done. We’re always anticipating what’s next on the development and land use horizon for you and your objectives.

Recognition

Conserving 12,000 Acres of Critical Habitat in Colorado

Brownstein tackles big challenges at the intersection of law and policy. In 2019, Colorado Parks and Wildlife identified Buffalo Horn Ranch as its top priority for protection of a critically important wildlife migration corridor. We led the legal effort to conserve 12,000 acres of land on the ranch with two conservation easements after an effort over several years by multiple public and private stakeholders, including state agencies, Great Outdoors Colorado, Rocky Mountain Elk Foundation and the National Fish and Wildlife Foundation. A premier hunting destination with the largest migratory elk herds in Colorado, the Buffalo Horn Ranch provides important habitat for elk and mule deer as well as greater sage-grouse, bald eagle, ferruginous hawk and burrowing owl. The conservation easements will protect this habitat for generations.

Making the Dream of Regenerative Agriculture a Reality

White Buffalo Land Trust, a nonprofit organization dedicated to the practice, development and growth of regenerative agriculture, is in the process of acquiring the 1,000 acre Jalama Canyon Ranch outside of Lompoc, California. Jalama Canyon Ranch will model regenerative agriculture at scale in a financially viable way while also serving as a center for education and training and scientific research. A team of Brownstein attorneys is providing pro bono legal counsel to White Buffalo Land Trust to help them make their dream a reality. Currently, the Brownstein team is leading pro bono due diligence including the preparation of an Agricultural Subdivision Potential Analysis under the County’s requirements to support a conservation easement valuation.

Reducing Greenhouse Gas Emissions Via a Public Private Partnership

We signed on to help Mustang Renewable Power Ventures and MSB Investors add a renewable gas facility to the state of the art Tajiguas Landfill. Our real estate team advised on CEQA, the Coastal Act and other land use issues involving the modification of entitlement approvals. We also settled litigation challenging the approvals. The result is a successful public private partnership with the county of Santa Barbara that modernizes the landfill, adding a materials recovery facility to retrieve recyclables from the garbage and an anaerobic digester. Organic waste is directed to the anaerobic digester, where the trash is treated to produce biomethane—reducing landfill gas that otherwise would be a significant source of greenhouse gas emissions. The biomethane is then used as a renewable fuel for compressed natural gas trucks and to improve grid resiliency on California’s Central Coast.

The First Transfer of Federal Land to an Urban Indian Health Program

American Indian Health & Services (AIHS) recently became the first Urban Indian Health Program in the country to purchase excess land from the federal government. For over six years, Brownstein’s team supported AIHS, a non-profit community clinic that has operated in Santa Barbara for the last 30 years, to acquire the land and get the local entitlements to rehabilitate a historic armory building into a modern clinic. Drawing on our deep knowledge of CEQA, NEPA, land use and real estate, the Brownstein team negotiated the real estate transaction with two federal agencies—General Services Administration and Indian Health Services. Our team attained a critical rezone of the site, which was unanimously approved by the Santa Barbara City Council in December 2023.