Real Estate Law

Erickson | Sederstrom’s real estate lawyers have an unsurpassed reputation for providing high quality, expert legal services in the real estate area. Our Real Estate Group represents developers, builders, investors, lenders, owners, landlords and tenants in a wide variety of real estate matters. Our services include representation with regard to:

Transactional and contract matters, including consultation and drafting documents with regard to:

  • Purchase and sale transactions from home acquisitions to complex commercial, industrial and investment transactions
  • Commercial and residential leases
  • Easements, permits, licenses and restrictive covenants
  • Real estate lending and borrowing
  • Section 1031 tax deferred exchanges
  • Condominiums Owners association matters
  • Consultation and drafting documents to establish corporations, partnerships, limited liability companies and other entities for the acquisition and development of real estate
  • Trustee sales

Litigation, arbitration and mediation with regard to:

  • Condemnation
  • Real estate assessment and taxation
  • Landlord and tenant disputes
  • Property and title insurance claims and disputes
  • General contract matters
  • Foreclosures
  • Environmental regulation and compliance
  • Land use, planning, development and zoning

The firm’s Real Estate Group is committed to providing high-quality, cost-effective legal representation through a continuing investment in the expertise of its lawyers and legal staff. We have an unwavering commitment to our many business and individual clients, who value our commitment to their legal needs as well as our contribution to their growth and prosperity.

Our Real Estate Group is managed by attorneys that each have more than 27 years of experience in the practice of law and who have represented individuals and entities locally, regionally and nationally in transactions ranging from simple residential real estate transactions to complex commercial transactions.



William F. Austin

Mr. Austin’s has worked in both the public and private sector and, as City Attorney for the City of Lincoln for 20 years, acquired considerable background in issues relating to building permits, land use regulation, and zoning appeals.  He has worked on land acquisitions and leasing matters for both public and private entities, and has considerable background in the area of eminent domain, representing both public and private parties.


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Samuel Clark

Samuel E. Clark graduated from Drake University Law School in 1977 and received an L.L.M. (Tax) from Georgetown University in 1983.  Sam joined Erickson | Sederstrom in 1983 and his practice concentrates on transactional matters including real estate.  Based on Sam Clark’s federal and state tax expertise his specialty includes IRC Section 1031 like-kind exchange transactions.


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Randy R. Ewing

Randy Ewing practices primarily in the areas of Business and Corporate Law, Real Estate Law, Commercial Law, Banking and Bankruptcy. He is admitted to practice law in Iowa and Nebraska and is a licensed real estate broker in Iowa and Nebraska.


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William (Bill) T. Foley

Bill represents businesses and individuals in commercial and residential real estate acquisitions, leases (both landlord and tenant), easements and financing.  Bill has completed numerous 1031 tax deferred exchanges and uses his business and tax law practice and experience to properly structure real estate investments and commitments for his clients. 


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Thomas J. Guilfoyle

For approximately 35 years, Mr. Guilfoyle‘s practice has primarily involved the defense of professionals, including architects, engineers and accountants.  He is employed as panel counsel by a number of insurance companies that defend professionals. 

Mr. Guilfoyle has represented a number of architectural and engineering firms throughout Nebraska and in the State of South Dakota and Iowa.  He has been involved in a number of cases that established new law benefiting design professionals in the State of Nebraska. 


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Paul D. Heimann

Mr. Heimann has extensive experience advising clients with respect to their commercial, retail, industrial, and agricultural lease agreements. In addition, Mr. Heimann advises his corporate clients with respect the purchase, sale, and refinancing of commercial and industrial properties located throughout the Midwest. 


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Daniel B. Kinnamon

Mr. Kinnamon graduated cum laude from the University of Iowa School of Law in 1962 and he is a senior member and former chairman of the Erickson | Sederstrom Corporate, Business, Real Estate, Probate and Estate Planning Practice Groups. He brings over 40 years of experience in the commercial real estate practice and has represented major corporations, lenders, developers and owners in advising, negotiating agreements and preparing all legal documents involving transactions for the leasing, purchase, sale and development of various real estate.


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Matthew V. Rusch

Mr. Rusch has advised clients extensively regarding real estate-related issues including condemnation, landlord-tenant disputes, and title issues and has litigated in all of these areas.


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Alan M. Wood

With over 35 years of experience practicing in the real estate law area, Alan M. Wood is called upon to advise clients in all aspects of their real estate transactions.  Alan routinely advises clients with real estate title issues, as well as representing commercial clients with sizable real estate sales and acquisitions.


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Charles D. Humble

Mr. Humble’s legal career spans over 40 years and includes legal practice in both the public and private sectors.  He has represented both public and private entities in issues ranging from real estate development, zoning and land use matters, condemnation proceedings for both public and private clients, and has handled virtually all types of permits or authorizations required from federal, state or local governmental entities or agencies relating to land use approvals.


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Handling property damage caused by a tenant’s negligence and the often confusing insurance coverage questions . . .
August 12, 2014
Landlords insure their property and renters insure their units. But when one renter causes extensive damage to the property, a landlord may be able to recover from that tenant.
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Why can’t I recover attorney’s fees in Nebraska even when my contract says I can?
August 2, 2013
Nebraskan courts will generally refuse to enforce contractual allocations of attorney’s fees. While Nebraska’s position is in the minority, there are instances where contractual provisions of attorney’s fees are enforceable.
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Nebraska Supreme Court Says Lenders Have Five Years to Pursue Deficiency Lawsuits after Judicial Foreclosures
May 28, 2013
The Supreme Court of Nebraska recently held, in FNBO v. Scott L. Davey and Deborah Davey, that a creditor has five years to pursue a deficiency action in situations where a piece of real estate has been foreclosed through judicial proceedings
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Transfer On Death Deeds
October 12, 2012
Nebraska provides a new method of transferring real estate by introducing Transfer on Death Deeds.
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Real Estate Like-Kind Exchanges Under Section 1031
March 25, 2011
Need to learn more about Real Estate Like-Kind Exchanges under Section 1031, their purpose, reasons to exchange, the types of property that qualify and the rules and restrictions of like-kind exchanges?
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Proposed Bankruptcy Legislation Could Have Lasting Effects on Higher Education.
November 1, 2010
Private Student Loan Bankruptcy Fairness Act of 2010 States Private Student Loans Are Non-Dischargeable Except in Bankruptcy Legislation
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What Do I Need To Know About Eminent Domain?
November 1, 2010
Do you have questions about Eminent Domain and your rights as a propery owner? If so, we've got a quick Q&A on this subject that might help answer them.
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About Our Compliance Programs
June 14, 2010
Compliance programs are created to be self-policing efforts designed to preempt the need for law makers to enforce companies to follow federal guidelines. The legislative roots of today's compliance programs are embedded in federal legislation passed in 1984 that was aimed at reducing fraud and abuse of federal programs. Compliance is now a major topic of health care executives and starting in 1997, commercial laboratories, the Office of the Inspector General of the Department of Health and Human Services has created a series of new compliance programs with guidelines for health care providers. This year hospitals and home-health agencies and almost the entire health care sector is trying to find their way within the regulatory programs.
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