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Oklahoma Association of Municipal Attorneys

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Residential Property Development

AN
Andrew Nestor, III, Attorney
Thu, May 13, 2021 10:18 PM

A small municipality that I represent has been approached by investors who wish to develop residential property. The investors’ intentions are focused on new construction of unplotted land within the city limits. This is not something I’ve had any experience with before as a small-town municipal attorney. Any suggestions, advice or warnings from those more experienced would be greatly appreciated.

I also want to include that the municipality is located within Indian Country.

Law Office of:
Andrew Nestor, III
312  West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.comhttp://law@anestorlaw.com/ - email
http://www.anestorlaw.comhttp://www.anestorlaw.com/

(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law.  It is intended exclusively for the individual or entity to which it is addressed.  This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure.  If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it.  If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. (B)  This communication is not intended to nor does it create or confirm any attorney-client relationship.(C)  IRS CIRCULAR 230 NOTICE:  To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

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A small municipality that I represent has been approached by investors who wish to develop residential property. The investors’ intentions are focused on new construction of unplotted land within the city limits. This is not something I’ve had any experience with before as a small-town municipal attorney. Any suggestions, advice or warnings from those more experienced would be greatly appreciated. I also want to include that the municipality is located within Indian Country. Law Office of: Andrew Nestor, III 312 West Broadway Drumright, Oklahoma 74030 918.352.9700 918.352.9702 -Fax law@anestorlaw.com<http://law@anestorlaw.com/> - email http://www.anestorlaw.com<http://www.anestorlaw.com/> (A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment). Get Outlook for iOS<https://aka.ms/o0ukef>
K
Kim@spadylaw.com
Fri, May 14, 2021 3:56 AM

In my opinion, the municipality should require the developer to submit a
plat, including a plan for all infrastructure constructed according to
standards that are acceptable to the municipality.

You should also confirm that the water and sewer service to the area is
adequate to support the planned development.

Does your client work with an engineer regularly? If so, it would be good to
talk with them about this.

Good luck!

Kim Spady

From: Andrew Nestor, III, Attorney law@anestorlaw.com
Sent: Thursday, May 13, 2021 5:19 PM
To: oama@lists.imla.org
Subject: [Oama] Residential Property Development

A small municipality that I represent has been approached by investors who
wish to develop residential property. The investors’ intentions are focused
on new construction of unplotted land within the city limits. This is not
something I’ve had any experience with before as a small-town municipal
attorney. Any suggestions, advice or warnings from those more experienced
would be greatly appreciated.

I also want to include that the municipality is located within Indian
Country.

Law Office of:
Andrew Nestor, III
312  West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
http://law@anestorlaw.com/ law@anestorlaw.com - email
http://www.anestorlaw.com/ http://www.anestorlaw.com

(A) This communication is covered by the Electronic Communications Privacy
Act, 18 USC §§ 2510-2521, and other applicable state and federal law.  It is
intended exclusively for the individual or entity to which it is addressed.
This communication may contain information that is proprietary, privileged
or confidential or otherwise legally exempt from disclosure.  If you are not
the named addressee, you are not authorized to read, print, copy or
disseminate this message or any part of it.  If you have received this
message in error, please notify the sender immediately by e-mail and delete
all copies of the message. (B)  This communication is not intended to nor
does it create or confirm any attorney-client relationship.(C)  IRS CIRCULAR
230 NOTICE:  To ensure compliance with requirements imposed by the IRS, we
inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written to be used, and cannot be used
for the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii) promoting, marketing or recommending to another party any transaction
or matter addressed in this communication (or in any attachment).

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In my opinion, the municipality should require the developer to submit a plat, including a plan for all infrastructure constructed according to standards that are acceptable to the municipality. You should also confirm that the water and sewer service to the area is adequate to support the planned development. Does your client work with an engineer regularly? If so, it would be good to talk with them about this. Good luck! Kim Spady From: Andrew Nestor, III, Attorney <law@anestorlaw.com> Sent: Thursday, May 13, 2021 5:19 PM To: oama@lists.imla.org Subject: [Oama] Residential Property Development A small municipality that I represent has been approached by investors who wish to develop residential property. The investors’ intentions are focused on new construction of unplotted land within the city limits. This is not something I’ve had any experience with before as a small-town municipal attorney. Any suggestions, advice or warnings from those more experienced would be greatly appreciated. I also want to include that the municipality is located within Indian Country. Law Office of: Andrew Nestor, III 312 West Broadway Drumright, Oklahoma 74030 918.352.9700 918.352.9702 -Fax <http://law@anestorlaw.com/> law@anestorlaw.com - email <http://www.anestorlaw.com/> http://www.anestorlaw.com (A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment). Get Outlook for iOS <https://aka.ms/o0ukef>