McAfee & Taft’s Agricultural Real Estate Transactional Practice

published in McAfee & Taft AgLINC | November 1, 2012

By Richard Riggs

McAfee & Taft regularly represents clients in connection with the purchase, sale and financing of agricultural real property. Issues that arise in these transactions include all the issues that are routinely attendant to real estate transactions, such as assurance of title, surveys, boundary issues, vironmental issues, and the handling of improvements on the property. However, such transactions also include issues unique to agricultural property, such as availability of utility services, water rights, handling of farm equipment (including irrigation facilities), and growing crops. The firm has also provided strategic estate, income tax, and ad valorem tax advice to clients in connection with such transactions. McAfee & Taft attorneys who have contributed to successful transactions of this nature include Richard Riggs, Stephen Hetrick, Jared Mashaney and Cole Marshall (all aspects of the purchase and sale of agricultural real property), Robert Garbrecht (ad valorem tax matters), Keith Peters (income tax and estate planning matters), Lauren Hanna and Jeff Todd (water law rights), and Mary Ellen Ternes (environmental matters).

McAfee & Taft is also active in representing parties involved in wind energy projects. McAfee & Taft has represented landowners and developers in negotiating wind energy leases and has represented developers in their development and construction activities. Wind energy leases involve unique issues regarding shared usage of property, access to facilities, liabilities, insurance and project decommissioning. In representing developers McAfee & Taft has addressed such issues as zoning regulations, usage of public roads, permitting, environmental regulation, and potential conflicts with operators of oil and gas pipelines and mineral lessees. Richard Riggs, Elizabeth Tyrrell, Rachel Evans and Meredith Caldwell Fazel have represented clients in various aspects of these transactions.

In addition to agricultural real estate and wind energy projects, McAfee & Taft handles a wide variety of transactional matters for its agriculture clients, including entire business sales, business formation and entity structuring, all aspects of tax planning, employment and workplace safety, and inventions, trademarks and licensing matters.

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