Land Use and Real Estate Law

Nabors, Giblin & Nickerson, P.A., has a broad range of experience in land use issues and real estate matters representing governmental entities, lenders and credit enhancers in various aspects of real estate development and financing.

Land Use Litigation

NG&N maintains an active litigation practice in the area of land use law. NG&N represents governmental entities throughout the State of Florida on matters brought contesting the validity of their actions relating to the use of property. These include federal constitutional claims, eminent domain proceedings, construction disputes and actions for inverse condemnation. Two of NG&N’s attorneys have been appointed and serve on the Florida Bar Eminent Domain Committee for 2021 – 2022. NG&N has also represented clients in the defense of claims brought under the Bert J. Harris, Jr., Private Property Rights Protection Act, and claims alleging violations of local government comprehensive plans and in hearings seeking the approval of proposed comprehensive plan amendments.

Default/Workouts

In addition, NG&N represents creditors in default, foreclosure and workout situations, again with a focus primarily on bond financings. We maintain an active representation of bond trustees, bondholders and creditors in connection with defaulted bond issues, including defaulted or troubled affordable housing issues, health care and community development district financings.

Real Estate Matters

NG&N also has extensive experience representing governmental entities in real estate matters including negotiations, drafting of purchase and sale agreements, the acquisition, development and financing of real property for public financing projects or federal and state grant projects. NG&N's real estate practice includes both the lending and workout sides of real estate financing transactions. NG&N represents many governmental entities in from start to finish in real estate transactions, including serving as the settlement, closing and escrow agent to these transactions. NG&N is uniquely qualified to assist governmental entities in real estate transactions as it has vast experience in the components needed for successful transactions that involve at least one governmental entity which are not identical to transactions between strictly private entities. NG&N also has experience in assisting clients in real estate matters that have a component of state or federal funding and are able to assist clients in navigating a successful transaction in a manner required by the source of funding. In addition, NG&N represents borrowers and creditors in commercial lending transactions, negotiating land use restriction agreements, environmental indemnity agreements, credit agreements and other traditional lending documents as well as reviewing title and other real estate matters. Further, NG&N assists clients in obtaining permits, mitigation property, and easements needed from other governmental entities to accomplish the developmental goals of the transactions.

Title Insurance

Advising clients on title matters is an important element of NG&N's real estate practice. NG&N is able to service as a title agent through the Attorney’s Title Insurance Fund for Old Republic Title Insurance Company. Routinely NG&N is called upon to order title searches and policies for governmental clients as well as lending entities involved in public finance transactions. NG&N not only provides the title searches and policies, but for clients reviews title insurance commitments and reports in connection with real estate acquisitions and financings. NG&N has extensive experience in evaluating title insurance risks for governmental entities, as well as borrowers and lenders. NG&N works diligently to provide guidance and assist in resolve issues related to title and brings a wealth of knowledge on resolving complicated title issues. In 2020, NG&N received an award as a lead contributor to the 2^nd Circuit Attorneys Title Fund.