Last Updated May 14, 2019

Law and Practice

Contributed By McGuireWoods LLP

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McGuireWoods LLP has a diverse real estate practice of more than 80 lawyers and land use planners in its offices in Tysons, Charlottesville, Richmond and Norfolk, with skills in a wide range of traditional and non-traditional real estate transactions. The firm’s transactional representation spans all aspects of real estate acquisition, development, financing and disposition, including acquisition, sale, leasing and financing transactions, as well as project finance, construction, public-private partnerships, negotiation of local and state incentives and privatization transactions. The team respresents clients around the world on various sides of such transactions, including Fortune 500 companies. The transactional practice is complemented by the firm’s land use expertise, as it frequently handles zoning and land use matters for development projects.

Based on its enacted local ordinances, each local jurisdiction will feature distinct documentary and procedural requirements for subdivisions, amendments to the zoning ordinance, and development permits, with a local lexicon of established terms to match. In practice, a project will typically be entitled either through a “by right” process, wherein a development is allowed under existing local zoning rules and is processed by that locality as an administrative matter, or as a discretionary act of the local government. By right entitlements are generally not subject to public input or public hearings.

Discretionary approvals are typically the more time-intensive and costly of entitlements to obtain. The Virginia Code sets out mandatory notice provisions in § 15.2-2204, and others. Depending on the specific nature of the development proposal, a discretionary approval may include significant fees and public hearing appearances before one or several local bodies, and in limited circumstances can involve the negotiation of contributions or other proffers to offset the public cost of proposed development.

McGuireWoods LLP

1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

+1 703 712 5000

+1 703 712 5050

info@mcguirewoods.com www.mcguirewoods.com
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Authors



McGuireWoods LLP has a diverse real estate practice of more than 80 lawyers and land use planners in its offices in Tysons, Charlottesville, Richmond and Norfolk, with skills in a wide range of traditional and non-traditional real estate transactions. The firm’s transactional representation spans all aspects of real estate acquisition, development, financing and disposition, including acquisition, sale, leasing and financing transactions, as well as project finance, construction, public-private partnerships, negotiation of local and state incentives and privatization transactions. The team respresents clients around the world on various sides of such transactions, including Fortune 500 companies. The transactional practice is complemented by the firm’s land use expertise, as it frequently handles zoning and land use matters for development projects.

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