The Problem: Our client wanted to purchase an existing golf course that was adjacent to the reservation and the tribe’s existing casino resort and convention center.
The Challenge: With over a dozen undeveloped residential lots included in the golf course purchase, there had also been multiple different owners of the land, along with several legal and environmental concerns related to the access and development of the residential lots. The property had previously gone through multiple foreclosures and had title issues that needed intensive research. The seller was located on the other side of the country, and the land transfer would require multiple transactions.
The solution: In order to protect the tribe from future litigation and claims, and to enable the tribe to convey the residential properties and the golf course in the future without Secretary of Interior approval, we created a tribally owned section 17 corporation. We drafted a charter and bylaws and worked with the Bureau of Indian Affairs agency office and regional office, ultimately obtaining approval from the Regional Director during the 2018 federal government shutdown during the week of Christmas.
We performed extensive research on the title issues and litigation regarding ownership and researched the rights of legal access to the properties and the prior litigation related to the same. We helped our client understand the brushing easements, golf course easements and rights of the golf course to cross and manage the lands.
We conducted the transaction due diligence. gathered business documents including governing documents of the owners, prior financials, tax documents, equipment and property list, employee information, intellectual property rights, contracts and agreements, and evaluated all and advised client on what would be part of the purchase and what should be terminated or did not transfer.
We conducted the transaction due diligence, gathered an extensive list of business documents and contracts, and evaluated all and advised client on what would be part of the purchase and what should be terminated or did not transfer.
The results: Our client appreciated the diligence in uncovering the legal and business management issues related to the transaction and thoroughly educating and advising them so they could move forward with the transaction in a sound business manner.