Land Use and Development

BHGR attorneys have represented both local governments and real estate development professionals in the area of land use and entitlements.  We regularly work with city and county planning staffs, and have appeared before, as well as in some cases represented, planning commissions, boards of adjustment,  city councils, and other decision-makers in the land use process. 

We are experienced in working with planners, architects, building officials, community and economic development professionals and boards to get land use projects approved.  In addition to land use and entitlements, we have experienced water law attorneys who can assist in all aspects of acquiring water rights and obtaining the necessary judicial and administrative approvals required for use of those water rights to support real estate development. A secure water supply is increasingly essential to the development process in Colorado. 

Our goal is to help our clients successfully and efficiently navigate the acquisition, financing and entitlement process to arrive at a deal that works.  Sometimes, that process necessarily includes litigation, and our lawyers have litigated the many different kinds of land use cases, including eminent domain and takings, annexation disputes and  appeals of adverse zoning, licensing, and other decisions. 

We often consult with both public and private entities in connection with annexation, the drafting of land use policies and codes, conversation easements, tax credits, and the full range of land use issues.

Practice Area Contact

Josh A. Marks

Josh A. Marks

Partner |  | 303.402.1600

In addition to his employment law experience, Mr. Marks is frequently retained to defend law enforcement and jail personnel in civil rights suits involving false arrest, excessive force, and conditions of confinement claims. He has developed considerable expertise in litigating land use controversies in state and federal courts. His clientele includes municipal and county governments and resort developers. He is known as one of the pre-eminent litigators in Colorado for land use cases. He lectures in this and other areas of expertise, which include regional and national audiences. Mr. Marks is AV-Preeminent rated by the Martindale-Hubbell peer review ratings system. More…