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Heather J. Haney
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Heather J. Haney

Partner

  • Real Estate Development and Transactions|
  • Energy Project Transactions|
  • Conservation Easements|
Denver
303.825.7000
San Francisco
415.907.8704
hhaney@kaplankirsch.com
  • Overview
  • Representative Experience
  • Resources and News
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I’m a strategic problem solver focused on using my legal and financial knowledge to achieve my client’s business objectives. With over a decade of experience representing public and private sector clients on complex redevelopment projects, transit-oriented developments, airports, infrastructure public-private partnerships, renewable energy projects, and residential, commercial, and mixed-use projects, I know how to bring the right players to the table to complete real estate deals.

Heather counsels her clients in all phases of commercial real estate acquisition, development, leasing, financing, and disposition. She understands both the common issues involved in these transactions, such as title and survey matters, existing entitlements, and construction and financing obstacles, and the more nuanced issues, such as Bureau of Land Management land exchanges, tenancy-in-common issues, and applicable tax credits and incentives.

Heather’s work on behalf of renewable energy clients includes representing developers on the acquisition of an early-stage projects, lenders in connection with loans for the acquisition or construction of renewable energy facilities, and investors financing their project portfolios, developing innovative royalty-generating service arrangements, or acquiring large, mature renewable energy projects. Heather was previously an attorney with a large international law firm, serving both as an associate and as the firm’s Clean Technology Program Manager, providing market analysis and strategic advice with respect to renewable energy, corporate sustainability, energy efficiency, smart grid, clean transportation, water, and energy storage.

Heather’s conservation law practice includes advising clients on both the donation and sale of conservation easements to land trusts and local governments by private landowners throughout the Mountain West. These complex conservation easement transactions meet the landowner’s goals for the current and future generations while protecting tens of thousands of acres of agricultural lands, natural habitats, and open space from development. Heather regularly provides advice regarding the structuring of conservation transactions and has successfully closed multi-year gift and bargain-sale conservation easements, often requiring the coordination of numerous state and local government funds and private foundations and the negotiation of option agreements, subordination agreements, life estates, deeds, and tax credit applications.

Prior to law school, Heather was an environmental consultant in San Diego, where she represented both public and private entities in the preparation of environmental impact reports, habitat conservation plans, and other technical documents in accordance with related federal and state environmental laws and regulations.

Representative Experience

Broadway Station Redevelopment, Denver, Colorado

Advising owner of the former Gates site regarding land use, entitlement, zoning, and public finance issues associated with new mixed-use community at I-25 and Broadway

Central I-70 / Colorado Department of Transportation, Denver, Colorado

Representing Colorado Department of Transportation in the procurement of an availability payment P3 project for Central 70 project

Convention Center Hotel, Denver, Colorado

Representing Denver Convention Center Hotel Authority to finance, build, and operate the 1,100 room Hyatt Convention Center Hotel

Peña Station, City and County of Denver, Colorado

Representing City and County of Denver on a public-private partnership in connection with Peña Station area project, including negotiations with adjacent landowners, agreements related to $50 million infrastructure financing, and real estate issues

Navajo Headwaters Ranch, near San Juan Mountains, Colorado

Represented private landowners in a multiple phase land conservation project, including both gift and bargain-sale conservation easements, federal and state incentives, reciprocal use agreements, and corporate and debt related issues, leading to the preservation of this magnificent landscape along Navajo River

Regional Transportation District (FasTracks Commuter Rail), Denver, Colorado

Negotiated and drafted purchase and sale agreements, easement agreements, and related regulatory documents for the successful acquisition of significant rail corridors from two major freight railroads

Stapleton Airport Redevelopment - Central Park, Denver, Colorado

Represents the master developer of the former Stapleton International Airport property in nearly all aspects of the redevelopment of this 4,700-acre master planned mixed-use community

Walking Mountains Science Center, Edwards, Colorado

Represented a 501(c)()3) in its conveyance of a conservation easement. This unique transaction involved a relatively small parcel of land focused on conserving pristine riparian habitat for public education and was one of the first applications by a nonprofit entity

Resources and News

Awards and Recognition

News

Presentations

Publications

  • The Best Lawyers in America® Announces Lawyer Rankings, Firm Attorneys Included

    Awards and Recognition | August 15, 2024
  • Recent Legislation Expands Conservation Easement Tax Credit Program in Colorado

    News | May 21, 2024
  • 50% of Firm Partners Recognized Among The Best Lawyers in America 2024

    News | August 17, 2023
  • Eleven Attorneys Listed Among 2023 Best Lawyers in America

    News | February 16, 2023
  • Congress Passes the Charitable Conservation Easement Program Integrity Act

    News | January 24, 2023
  • view all
  • Firm Attorneys Present at the Colorado Bar Association’s 42nd Annual Real Estate Symposium

    Presentations | July 12, 2024
  • P5 Deals: Perpetual Preservation Through Public-Private Partnerships

    Presentations | October 19, 2019
  • Flexible Purpose Corporations: The Future of Sustainable Capitalism

    Presentations | April 1, 2011
  • Conservation Law Alert – Conservation Legislation Victory for CO

    Publications | June 5, 2018
  • Conservation Law Alert – Changes to Conservation Easement Tax Credits and Incentives

    Publications | July 8, 2016

Primary Sidebar

Practices

  • Airport Planning and Development
  • Conservation Easements
  • Construction
  • Energy Project Permitting and Real Estate
  • Energy Project Transactions
  • Land Use and Zoning
  • Military Base Closure and Redevelopment
  • Project Development
  • Public Financing for Infrastructure
  • Public-Private Partnerships
  • Real Estate Development and Transactions
  • Real Estate, Land Use, and Zoning
  • Transit and Commuter Rail
  • Transit-Oriented Development

Education

  • J.D., University of California, Berkeley, 2011
    • Clean Technology Certificate
    • Environmental Law Certificate
  • MES, Environmental Studies and Policy, University of Pennsylvania, summa cum laude, 2002
  • B.A., Environmental Biology and Philosophy of Biology, University of Pennsylvania, magna cum laude, 2001
    • Phi Beta Kappa

Bar & Court Admissions

Bar Admissions

  • Colorado, 2013
  • California, 2011
  • Arizona, 2025

Organizations

  • Colorado Rugby
    • Board of Directors, 2015
  • ABA Section of Science & Technology
    • Co-Chair, Cleantech and Climate Change Committee, 2012-2015
  • California Law Review
    • Executive Editor, 2009-2011
  • Berkeley Technology Law Journal
    • External Relations Editor, 2009-2011
  • University of Pennsylvania, Philomathean Society, Master of the Halls
    • Member, 1999–2001

Honors

  • Best Lawyers in America®, Real Estate Law (2023, 2025)
  • The Best Lawyers in America: Ones to Watch, Real Estate Law (2022)
  • Super Lawyers "Rising Star", Real Estate Law (2018–2021)
  • Recipient, National Science Foundation Research Grant (2000)

Heather J. Haney's Projects

  • Denver Union Station Site Redevelopment

    Colorado
  • Historic Knorr Ranch

    Colorado
  • Navajo Headwaters Conservation Easement

    Colorado
  • Stapleton Airport Redevelopment

    Colorado
  • Walking Mountains Science Center

    Colorado
  • 61st and Peña Station

    Colorado
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