Real Estate & Land Use
Commercial Real Estate, Land Use and Zoning Expertise
The legal hemp and cannabis markets in California face substantial challenges, not the least of which is securing real estate to launch or maintain a cannabis or hemp business. For hemp and cannabis real property deals, proper zoning, access, and community support are critical to site selection. The Law Office of Shay Aaron Gilmore provides advice and insight into real estate, land use, and zoning issues, representing real estate investors, landowners, and cannabis and hemp licensees and applicants in complex real estate transactions, acquisitions, and leases of real estate, including legal services in the following areas:
- Lease negotiations
- Site plan applications
- Due diligence for property feasibility
- Land use, planning, and compliance
- Cannabis-specific lease provisions
- Real estate purchases for cannabis license applications
- Environmental concerns
- California Coastal Act
- Emission of fumes and odors
- Title and deed review
- Water and power availability/suitability
What Types of Real Estate and Land Use Issues Do Cannabis Businesses Face?
From Shay’s interview for the Master’s series on ReelLawyers.com
In my practice, the types of real estate issues that my cannabis and hemp clients face—particularly with leasing—often involve landlord reluctance. Many landlords are hesitant to lease to cannabis businesses due to concerns about federal illegality.
Additionally, lease terms for cannabis businesses frequently include unique clauses, such as provisions allowing landlords to terminate the lease if cannabis laws change. There are also eviction risks that every cannabis business needs to be aware of, again stemming from the ongoing federal illegality.
To develop and expand your cannabis and hemp commercial operations, The Law Office of Shay Aaron Gilmore also offers advice and counsel regarding:
- Adverse possession
- Chain of title due diligence
- Civil Asset Forfeiture Risk
- Lot line adjustments, splits and mergers
- Seizure concerns
- Variances and easements
For real estate development involving cannabis or hemp, using the experience Shay has gained from working with the key players across California, Shay can help your cannabis or hemp business get regulatory and land use approvals, negotiate development agreements, conduct environmental due diligence, secure loans, and work to bring your project to completion. The Law Office of Shay Aaron Gilmore offers an in-depth understanding of these issues for the success of your cannabis or hemp development, operation or investment interests in California.
Focused on Cannabis and Hemp Transactions and Real Property Issues
Landowners, real estate investors, and management companies need specific legal guidance when it comes to cannabis and hemp issues, and The Law Office of Shay Aaron Gilmore supports clients with legal services for the following:
- Landlord-tenant issues
- ADA issues for retail sites
- Zoning and jurisdictional issues
- Conditional and special use permits
- Development standards
- California Environmental Quality Act (CEQA) compliance
Having guided clients with scores of real estate purchases and sales throughout California, Shay has the expertise needed to negotiate and structure the best deal, then quickly document and smoothly close the transaction. Shay’s interdisciplinary strengths across the cannabis and hemp industries provide real estate clients with wrap-around service, handling related due diligence including ADA, corporate issues, financing, land use and zoning, environmental, labor and employment, and intellectual property. Shay advises owners, lenders, funds and investors on financing strategies and negotiates and documents a full range of loans including construction loans, acquisition loans, working capital revolving loans, and other real estate secured loans.
The Law Office of Shay Aaron Gilmore routinely handles business permitting issues for clients seeking to locate and develop new sites, relocate or expand operations in the hemp and cannabis markets throughout California. Projects that Shay has helped move through the approval process include cannabis retail stores, hemp and cannabis cultivation sites, commercial cannabis manufacturing facilities, cannabis delivery and distribution offices, and cannabis and hemp storage facilities.
Shay also counsels real estate clients in identifying and efficiently resolving environmental issues, including air, water, hazardous materials, and soil-related work. For land use counsel and real estate transactions honed to protect and expand cannabis and hemp throughout California, look no further than The Law Office of Shay Aaron Gilmore.
