Serving Arkansas Clients For More Than 50 Years

Real Estate Acquisitions And Development

Why do you need an attorney for real estate matters?

Land is one of our most common investments, but there are many laws and regulations affecting the acquisition, development, management, use and sale of land. In addition, the use of adjoining properties or restrictions by government agencies can adversely affect your land and its value. Whether you are acquiring a home, commercial or industrial property, at Richard Mays Law Firm PLLC, our attorneys have over 50 years of experience in virtually all aspects of real estate law in Arkansas.

Real Estate Acquisitions

We have represented a large real estate development/investment firm in acquisition and management of numerous significant properties in the Washington, D.C., area, including portions of the Watergate complex.

We represented a large manufacturing company in acquisition of a plant site in Delaware, including negotiation of agreements with Delaware Department of Natural Resources and Conservation and the U.S. Environmental Protection Agency regarding limitations on future liability arising out of the residual contamination.

We represented a Canadian timber company in acquisition of sawmill operations and timberlands in Arkansas.

We represented the world’s largest manufacturer of powdered metals in acquisition of a large steel mill and six powdered metal manufacturing plants in the U.S. and Canada, and we assisted in the development of contract documents used in the acquisition of such facilities.

We have handled the acquisition and sales of hundreds of residential and commercial real estate properties in Arkansas, and work with title companies in identifying and resolving objections to titles.

Preparation Of Real Estate Documents

There are a number of documents involved in real property transactions, and it is important to recognize which documents to use and how to prepare them correctly.

Our attorneys are experienced in preparation of all varieties of deeds, mortgages, leases, sales agreements, mineral conveyances and reservations, easements and other contracts relative to conveyance of interests in real property. We are also knowledgeable about the interplay between real estate law, wills and trusts, and oil and gas law, helping you to sell or acquire the exact interest you intend.

Real Estate Litigation

Cases Involving Condemnation And Inverse Condemnation

We represented a landowner in defense of eminent domain action by gas pipeline company, with counterclaim asserting unconstitutionality of statute relied upon by pipeline company as basis for eminent domain on basis that the taking was not for a public purpose. The case was settled by payment of premium by company for right-of-way and attorney fees.

We represented a family company owner of 600-acre ranch in defense of eminent domain action by a petroleum pipeline company that sited pipeline through the middle of the ranch. The portion of the case relating to compensation for the property taken and damage to the residual property was settled during trial for six-figure amount, and the portion relative to restoration damages is pending.

We represented husband and wife landowners in litigation against the city of Bryant, Arkansas, for damages based on inverse condemnation for dredging ditch for stormwater drainage through their home property without placement of culvert in ditch and covering with soil. The jury trial resulted in damages awarded of $70,000.

We represented husband and wife landowners who own property on stream in litigation against a city for damages and/or injunctive relief based on inverse condemnation due to the city’s filling of its property on opposite bank of a stream for a sport complex. The case was settled by the city agreeing to reconfigure its property to eliminate flooding of clients’ property.

Cases Involving Ownership And Use Of Real Property

Richard Mays Law Firm PLLC represented members of a large family in suits by other family members to dissolve and liquidate numerous family limited liability corporations, liquidate thousands of acres of real estate, and assign responsibility for millions of dollars of debt.

We represented members of a family that owned a minority interest in a large business in Arkansas in a minority shareholder suit against the family member that owned the majority interest, resulting in minority shareholders acquiring sole ownership of the business; and other favorable relief.

We represented owners of land adjoining stream against owners of land on opposite bank for damages arising from floods as a result of their filling property in floodplain and floodway without complying with local ordinances, state statutes and FEMA regulations, and raising the base flood elevation of the stream.

We litigated a case in U.S. District Court in Arkansas for one of the country’s largest industrial parks against a former tenant in the park for damages and remediation costs arising out of the tenant’s disposal of hazardous wastes on the property.

We represented the husband in a divorce suit in which key issues included whether 40-acre subdivision and adjoining 40-acre undeveloped tract were marital property or pre-marital property.

We also handle cases involving partitions of real estate.

Enforcement Of Restrictive Covenants

Richard Mays Law Firm PLLC represented resident owners of property in small concentrated subdivision that was a former river resort in which other owners use their properties as commercial rentals and allow the renters access to commonly-owned facilities such as a boat dock, pavilion and laundry. A complex set of restrictive covenants apply to the properties, leading to the lawsuit to prohibit the rentals. This suit is pending.

We represented residents of subdivision in suit for injunctive relief and damages against a developer of subdivision lots over the developer’s replatting and creating new bill of assurance on property in violation of the original bill of assurance’s prohibition against resubdividing lots. After a hearing, the court granted request for an injunction, ordered that the original bill of assurance would control the subdivision, and ordered developer to remove any structures built in violation of the subdivision’s restrictive covenants. Judgment upheld by Arkansas Supreme Court. Royal Oaks Vista, L.L.C. v. Maddox, 372 Ark. 119, 271 S.W.3d 479 (2008)

Cases Involving Flooding

Richard Mays Law Firm PLLC represented owners of business located adjacent to stream in litigation against owners and developers of property on opposite bank of stream for damages to business’ inventory and loss of value of property resulting from flooding caused by owner/developer of adjacent property filling floodway and raising surface elevation for development. A six-figure settlement was achieved prior to the commencement of trial.

We represented owners of residential properties in suit based on inverse condemnation against county government that constructed roadbeds that impaired stream flow, causing flooding of the residences, in violation of state law and county ordinances.