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Public-Private Partnerships

Squire Sanders has represented governmental bodies in economic development and public-private partnership projects for more than five decades. From the late 1950s through today, we have rendered legal services to public bodies in the planning, financing and implementation of nationally, state- and locally assisted projects designed to obtain new private development or renovation, eliminate blight, build or improve public facilities and infrastructure, and undertake land assembly by negotiation or eminent domain. As a result of the decline in national funding, local public-private partnerships are increasingly the solution to securing development in challenged areas.

Drawing on our combination of broad experience and extensive internal resources, Squire Sanders provides practical and effective advice to both public and private participants in public-private partnerships on all aspects of economic development projects, including:
  • Overall analysis of the proposed project, its public sector and private sector components, costs, financing sources and options, legal powers required, legal documentation and legislative actions required, and development of schedules.
  • Analysis of public body powers relating to the provision of economic incentives or the lending of aid and credit.
  • Advice concerning the structuring of the property and legal title relationships for the project.
  • Advice concerning contractual relationships between the public sector and private sector parties involved in the project.
  • Guidance with respect to documentation appropriate to support the powers needed to engage in the project.
  • Negotiation and preparation of development agreements with private developers or companies and cooperation agreements with other public sector participants.
  • Advice and negotiation pertaining to environmental issues.
  • Preparation of necessary municipal legislation and special state legislation.
  • Advice on land assembly, either by negotiation or eminent domain.
  • Advice concerning the sale or lease of property for redevelopment or rehabilitation, by negotiation or competitive bidding.
  • Assistance with the issuance of tax exempt or taxable obligations to finance public facilities or infrastructure improvements, or to finance some part of the private sector portion of the project.

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