Real Estate

“The real estate group at Foulston Siefkin continues to impress with its breadth and depth of expertise,” – Chambers USA 2013. Foulston Siefkin real estate attorneys understand both the multidisciplinary and local business nature of real estate transactions.  We regularly represent clients in acquisitions and dispositions, financing, development, land use, leasing, restructuring, and environmental matters in Kansas,  Missouri, and across the United States.  Our real estate attorneys advise and assist capital investors, developers, owners, lenders and other participants in a broad range of industries, including: agribusiness, construction, energy, health and senior care, retail, housing, education, and hotels & hospitality.  Our team draws upon our multidisciplinary expertise, experience and local resources to assist our clients in structuring transactions, project organization, navigating local and state regulatory issues, drafting sophisticated documentation, executing negotiation strategies tailored to each transaction and the party involved, and when appropriate, preparing comprehensive litigation or arbitration strategies. 

We are one of a select group of Midwest law firms recognized for such a broad spectrum of real estate expertise. Our philosophy of superior client service and our recognized expertise earned our real estate practice and our attorneys high marks for “outstanding” work from publications including Best Lawyers of America, Missouri/Kansas SuperLawyers, Chambers USA, Global Law Experts, and US News & World News Best Law Firms. Our real estate attorneys include members of the American College of Real Estate Lawyers and the American College of Environmental Lawyers. "It is very professional and the highest quality firm in the Midwest; the attorneys know their specialties very well." – Chambers USA 2014.

Areas of Representation
Our practice focus includes:
  • Real Estate Transactions
  • Real Estate Development, Planning and Land Use
  • Real Estate Finance and Tax
  • Real Estate Construction, Engineering and Environmental
  • Real Estate Natural Resources
Real Estate Transactions
  • Commercial and Residential Leasing
  • Purchases and sales of commercial, industrial and agricultural real estate
  • Easements, rights of way, and other property interests
  • Residential sellers, purchasers, tenants and landlords
Real Estate Development, Planning and Land Use
  • Annexation
  • Master Planning
  • Infrastructure Approvals/Development
  • Zoning and Plan Approval
  • Commercial and residential condominiums
  • Entitlements and Incentives
  • Homeowners’ and owners’ associations
  • Subdividing Properties
  • Condemnation
  • Corporate Property Management Services & Leasing
  • Eminent Domain
Real Estate Finance and Tax
  • Bankruptcy workouts and restructuring
  • Financing
  • Foreclosures
  • Mortgages
  • Retail, office and industrial-space leases
  • Purchase options
  • State and local taxation
  • Syndications
  • Taxation of real estate and real estate transactions
  • Tax-deferred exchanges (“1031 exchanges”)
  • Title and title insurance issues
  • Mechanic’s and other real property liens
Real Estate Construction, Engineering and Environmental
  • Construction and design agreements
  • Construction litigation and dispute resolution
  • Environmental law, including site assessments and liability concerns
Real Estate Natural Resources
  • Agricultural
  • Oil, gas and other mineral interests
  • Water rights
  • Wind Farm leases, easements and related agreements

Kevin J. Arnel Image Kevin J. Arnel
T: 316.291.9761
Email
  • Agricultural
  • Business entities and joint ventures
  • Commercial condominiums
  • Development, and development incentives
  • Easements, rights of way, and other property interests
  • Financing
  • Mergers and acquisitions
  • Mortgages
  • Purchases and sales of commercial, industrial and investment real estate
  • Residential sellers, purchasers, tenants and landlords
  • Retail, office and industrial-space leases
  • Review of surveys
  • State and local taxation
  • Title and title insurance issues
Jack M. Epps Image Jack M. Epps
T: 913.253.2159
Email
  • Annexation and Boundary Disputes
  • Business entities and joint ventures
  • Development, and development incentives
  • Financing
  • Land use
  • Mergers and acquisitions
  • Mortgages
  • Purchase options
  • Purchases and sales of commercial, industrial and investment real estate
  • Residential sellers, purchasers, tenants and landlords
  • Retail, office and industrial-space leases
  • Subdivisions
  • Syndications
  • Tax-deferred exchanges (“1031 exchanges”)
  • Zoning
Karl N. Hesse Image Karl N. Hesse
T: 316.291.9554
Email
  • Oil, gas and other mineral interests
  • Easements, rights of way, and other property interests
  • Title and title insurance issues
  • Review of surveys
  • Wind Farm leases, easements and related agreements
  • Eminent Domain
  • Condemnation
  • Taxation of real estate and real estate transactions
  • Mechanic’s and other real property liens
  • Retail, office and industrial-space leases
Joshua T. Hill Image Joshua T. Hill
T: 913.253.2139
Email
  • Commercial leasing
  • Business entities and joint ventures
  • Easements, rights of way, and other property interests
  • Real estate financing
  • Mergers and acquisitions
  • Mortgages
  • Purchase options
  • Purchases and sales of commercial, industrial and investment real estate
  • Residential sellers, purchasers, tenants and landlords
  • Retail, office and industrial-space leases
  • Survey and title review
  • Homeowners’ and owners’ associations
Andrew J. Nolan Image Andrew J. Nolan
T: 316.291.9542
Email
  • Tax-deferred exchanges (“1031 exchanges”)
  • Purchases and sales of commercial, industrial and investment real estate
Scott C. Palecki Image Scott C. Palecki
T: 913.253.2128
Email
  • State and Local Taxation
  • Board of Tax Appeals
Eric M. Pauly Image Eric M. Pauly
T: 316.291.9793
Email
  • Agricultural
  • Business entities and joint ventures
  • Mergers and acquisitions
  • Purchases and sales of commercial, industrial and investment real estate
  • State and local taxation
  • Taxation of real estate and real estate transactions
  • Tax-deferred exchanges
  • Wind Farm leases, easements and related agreements
Larry G. Rapp Image Larry G. Rapp
T: 316.291.9583
Email
  • Purchase and Sale Transactions
  • Commercial Leases
  • Tenant’s Counsel in Bond Financing
F. Robert Smith Image F. Robert Smith
T: 316.291.9779
Email
  • General Real Estate
  • Real Estate Development
  • Mergers and Acquisitions
  • Mortgages and Seller Financed Transactions
  • Boundary Disputes
  • Easements, rights of way, and other property interests
  • Homeowners’ and owners’ associations
  • Zoning and Land Use
  • Commercial and residential condominiums
  • Purchase options
  • Purchases and sales of commercial, industrial and investment real estate
  • Residential purchases, sales, and leasing
  • Retail, office and industrial-space leasing
  • Review of surveys
  • Title and title insurance issues
  • Agricultural purchases, sales, and leasing
  • Corporate farming issues
Patricia Voth Blankenship Image Patricia Voth Blankenship
T: 316.291.9767
Email
  • Real Estate Development
  • Mergers and acquisitions
  • Purchases and sales of commercial, industrial and investment real estate
  • Retail, office and industrial space leases
  • Financing
  • Title and title insurance issues
  • Zoning
  • Wind Farm leases, easements and related agreements
C. Edward Watson II Image C. Edward Watson II
T: 316.291.9589
Email
Shannon D. Wead Image Shannon D. Wead
T: 316.291.9518
Email
  • Business Litigation Involving Real Estate
  • Commercial Real Estate Broker Lien Matters
  • Contract for Deed Matters
  • Easement Litigation
  • Foreclosure Litigation
  • General Real Estate Litigation
  • Landlord-Tenant Disputes
  • Mechanic’s Lien Filing and Litigation
  • Mortgage Repurchase Disputes
  • Quiet Title
William R. Wood II Image William R. Wood II
T: 316.291.9772
Email
  • Business entities and joint ventures
  • Development and development incentives
  • Financing
  • Mergers and acquisitions
  • Mortgages
  • Purchases and sales of commercial, industrial and investment real estate
  • Retail, office and industrial space leases
Issaku Yamaashi Image Issaku Yamaashi
T: 913.253.2153
Email
  • Business entities and joint ventures
  • Commercial and residential condominiums
  • Development, and development incentives
  • Easements, rights of way, and other property interests
  • Financing
  • Mergers and acquisitions
  • Mortgages
  • Purchase options
  • Purchases and sales of commercial, industrial and investment real estate
  • Residential sellers, purchasers, tenants and landlords
  • Retail, office and industrial-space leases
  • Review of surveys
  • Syndications
  • Title and title insurance issues
  • Wind Farm leases, easements and related agreements
Jon D. Lammers Image Jon D. Lammers
T: 316.291.9515
Email
John C. Peck Image John C. Peck
T: 913.253.2146
Email
  • Water rights
David R. Green Image David R. Green
T: 913.253.2168
Email
Wesley J. Kimmel Image Wesley J. Kimmel
T: 316.291.9500
Email
Robert (Bob) J. McFadden Image Robert (Bob) J. McFadden
T: 316.291.9533
Email
Terry C. Cupps Image Terry C. Cupps
T: 316.291.9504
Email
  • Financing
  • Mortgages
  • Purchase of property in bankruptcy
  • Purchase of property in receivership
  • Foreclosure litigation
  • Real Estate Development

  • Short term residential property developer’s counsel, including leading real estate legal team handling all aspects of new site negotiation, diligence and entitlement, to acquire, construct and operate or franchise more than 150 sites throughout the United States.

  • Local Kansas counsel for significant casino company, assisting with a range of site acquisition, development and permitting issues, including laws and use concerns unique to a casino operation, for a proposed $260 million, 275-acre development.

  • Represented developer of approximately 29-acre urban mixed-use multi-building public-private downtown revitalization development in all aspects: development agreements, land contracts, multiple ground leases to support national retailer, offices, national hotel chain and condominiums, subleases, owners associations, financing, platting, permitting, restrictive covenants, easements, parking agreements, and use limitations.

  • Counsel to land seller of largest and still-expanding recent commercial development corridor in Garden City, Kansas, including Wal-Mart, Sam’s Club, Home Depot, Applebee’s, Menard’s and hotel sites. Representation included involvement in development, tax, government incentives, platting, zoning, utilities, easement and restrictive covenant issues.

  • Exclusive representation of developer of approximately 700-acre mixed-use development. Handled all development aspects, including land contracts, leasing, owners associations, financing, platting, permitting, restrictive covenants, easements, parking agreements, and use limitations.

  • Hotel developer’s counsel, including leading real estate legal team handling all aspects of new site negotiation, diligence and entitlement, to acquire, construct and operate or franchise more than 150 sites throughout the United States.

  • Leasing / Landlord Tenants

  • Representation of landlord of 131,000 sq. ft. multi-story office building with national and regional tenants, negotiating tenant leasing documents and related documents and issues, including for an 81,000 sq. ft. tenant.

  • Assisted with over 65 transactions – a mix of leasing transactions mostly in large multi-tenant shopping center with complex leases, and site sale/purchases of fee title -- across five states for franchisee of national restaurant chain.

  • Negotiated client’s three industrial leases covering over 1,000,000 square feet.