Real Estate

Public & Private Partnerships

Projects that are backed by partnerships between the public and private sectors present a unique set of legal challenges. Mintz Levin attorneys have the real-world legal skills and deep understanding of how government agencies work — from their legislative and decision-making processes and political environments to their financing tools, governing laws, political considerations, and public relations concerns — to effectively and efficiently assist you with every detail of your project, whether it involves procurement laws, real estate, public finance, environmental regulation, or tax issues. Our attorneys leverage this unique understanding when counseling clients on both sides of public and private partnership issues.

We are experienced in handling all issues facing both public and private parties in all types of infrastructure arrangements, including privatizations, public-private partnerships, concessions, leases, and alternative public-private funding structures. Our attorneys have confronted many issues impacting infrastructure development, including the practical, political, and environmental challenges involved. We have excellent relationships at many agencies and authorities. Our team understands what it takes for a private entity to structure and execute a project with governmental agencies and quasi-public authorities, including the standard contract provisions, pressure points, leverage, negotiation techniques, and financing options.

We can guide you through conception of a project through every step to completion, including qualification to bid to early development, design and construction planning, drafting all contracts and related documents, property acquisition, and project finance, negotiation, and construction.

Quick Facts

  • 500 lawyers in 8 offices
  • 35+ real estate attorneys with 25+ years of experience in sophisticated, large-scale real estate, acquisition, disposition, development, financing, and leasing transactions
  • Practice and attorneys recognized for real estate law by Chambers USA
  • Strategic real estate consulting services with our affiliate, ML Strategies, LLC
  • Senior lawyers include a fomer Commissioner of the Port Authority of New York and New Jersey and a board member of the Metropolitan Transportation Authority
  • Integrated group of attorneys and professionals across practices, including Environmental Law, Litigation, Energy & Clean Tech, Tax, and government relations

Areas of Focus

  • Brownfield credits
  • Challenges and opposition to entitlements to competitors
  • Development agreements
  • Infrastructure development and financing
  • Land assemblage and condemnation
  • Other governmental inducements and incentives
  • Renaissance zones and enterprise zones
  • Tax abatement
  • Tax increment financing

Case Study: Public-Private Partnerships at the World Trade Center

In his role as a Commissioner of the Port Authority of New York and New Jersey, one of our senior attorneys has served as the lead Port Authority board member on multiple public-private partnerships including the joint venture at One World Trade Center where a 10% interest was sold to a developer who became the managing member heading up the leasing and management of the 3 million-square-foot tower being constructed by the Port Authority.

Representative Clients

  • Boston Properties, Inc.
  • Broadcom Corporation
  • Colony Realty Partners
  • CVS Health Corporation
  • General Electric Company
  • GenOn Energy Holdings
  • Gillette (Procter & Gamble)
  • Manulife Financial / John Hancock Financial
  • Northeast Utilities Systems
  • Sentinel Properties, Inc.
  • Spectra Energy Corp.