Timberland Resources

The Womble Carlyle Timberland Resources Industry Group is uniquely positioned to assist clients with the acquisition, disposition or financing of timberland resources. The team has grown and diversified and is comprised of lawyers and other professionals in all relevant disciplines and at many levels to ensure delivery of cost-effective solutions. Among the disciplines represented on the team are Timberland Sales and Acquisitions, Timberland Finance Transactions, Corporate, Limited Liability Company and Partnership Organization, Tax, and Regulatory Issues (including Hart-Scott-Rodino compliance).

Experience, teamwork and a thorough working knowledge of timberland issues, land use regulations at the state, county and local levels and related tax implications combined with strong relationships built over many years with key timberland industry members distinguishes the team as timber resource leaders in the Southeast.

The group has extensive experience working specifically with landowners, manufacturers, lenders, foresters, timber consultants, and others in the management of timberland resources. Their services include, but are not limited to, timber purchases, land management agreements, timber leases, easements, timber rights, land financings, logging contracts, private and public securitizations, syndication of investment funds, debt financings and timber leases.

Representative Matters

• Representation of Client in connection with multi-state acquisition of approximately 600,000 acres of Timberland including review of title, procurement and review of title insurance, preparation of conveyance and assignment documentation, and due diligence review of supply agreements, timber purchase agreements and all other contracts.
   
• Negotiation of contract, preparation of closing documents, title review and Hart-Scott-Rodino compliance in connection with multi-state timberland transaction of approximately 160,000 acres.
   
• Negotiation of contract, preparation of closing documents, title review and Hart-Scott-Rodino compliance in connection with multi-state timberland transaction of approximately 300,000 acres.
   
• Negotiation of contract, preparation of closing documents, title review and Hart-Scott-Rodino compliance in connection with multi-state timberland transaction of approximately 50,000 acres.
   
• Negotiation of contract, preparation of closing documents, title review and Hart-Scott-Rodino compliance in connection with multi-state timberland transaction of approximately 80,000 acres.
   
• Representation of client in connection with over 450 small tract timberland land sales.
   
• Representation of institutional lender in multi-state timberland financing transactions including approximately 57,000 acres located in five states, 53,000 acres and sawmills located in two states, and sawmills and 3,000 acres located in two states.
   
• Representation of client in resolution of environmental issues on a large timberland tract sale.
   
• Representation of client in negotiations involving wood supply agreements.
   
• Representation of a timberland fund in connection with syndication of multiple funds which invest exclusively in timberland including organization of each of the syndicated limited partnerships, preparation of necessary corporate documents and partnership agreements, preparation of offering documents for potential investors and the rendition of tax, corporate and securities advice.
   
• Representation of timberland funds in structuring potential investments to avoid unrelated business income tax issues.
   
• Representation of a timberland REIT in installment note transactions.