Timber & Forest

We help clients manage

• Title examination, title insurance, and environmental issues unique to timberland acquisition
• Environmental regulatory issues associated with positioning timberland for future development
• Identifying and negotiating income sources and state and federal tax benefits associated with timberland ownership
• Disposition of a timberland portfolio or other timber-related facilities
• Disputes concerning boundaries or wrongful cutting

Interdisciplinary team and collaborative approach

• Seasoned team of real estate and finance attorneys and paralegals
• Former state environmental agency counsel
• Former state and federal taxation counsel
• Ability to quickly mobilize team from various offices for time-sensitive projects

Our clients span the timber and forest products industry

• Agribusiness
• Farm Credit banks
• Investors
• Mills and manufacturers
• Private landowners
• REITs
• TIMOs

Navigate deal due diligence

Implement strategic staffing practices for timberlands due diligence to help efficiently gather relevant information, improve title or other matters impacting timberland value, and position your timberlands to manage risks and create value beyond the acquisition.

Our timber and forest products services allow you to

• Confidently acquire and dispose of timberlands and timber-related assets − in a cost efficient manner
• Anticipate real estate, environmental and taxation issues − and implement strategies to mitigate risks
• Obtain income sources and state and federal tax benefits − associated with timberland ownership
• Resolve disputes − concerning boundaries or wrongful cutting
• Raise capital for timberland acquisitions − through small groups of investors or institutional LP funds with structured joint venture, mezzanine, and preferred equity capital stacks

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

• Handled multiple dispositions in excess of 1,000,000 acres in the aggregate of timberland located in Alabama, Georgia, South Carolina, Virginia, and West Virginia, including the following
  • 62,000-acre sale in West Virginia to a REIT
  • 323,000-acre sale of fee and leasehold timberland in Alabama and Georgia using the installment sale structure to a REIT
  • 502,000 acres of timberland in Alabama, Georgia, South Carolina, Virginia, and West Virginia using the installment sale structure to a REIT
• Handled acquisition of a tree nursery in South Carolina from a private landowner
• Handled acquisition of a $20 million timberland tract in South Carolina from a foreclosing lender by a private landowner
• Handled acquisition of 34,000 acres of timberland located in Alabama, Georgia, Mississippi and South Carolina by a TIMO from a TIMO
• Title due diligence in North Carolina and South Carolina for part of a sale of approximately 6 million acres in 17 states by vertically integrated paper company

Financing of Timberlands

• borrower's counsel to agribusiness in $26 million credit facility using timberlands as collateral
• lender’s counsel to farm credit bank using timberlands as collateral

Operation of Timberlands

• Represented linerboard mill in Alabama in long-term fiber supply agreement
• Represented landowner in South Carolina in long-term fiber supply agreement to supply paper mill and lumber mill
• Represented paperboard mill in Virginia in long-term fiber supply agreement
• Represented softwood lumber manufacturer in long-term fiber supply agreements in South Carolina and North Carolina