Municipal & Governmental Services

Bernstein Shur can help. We routinely act as bond counsel to help clients borrow money at advantageous rates, so they can make the strategic infrastructure investments they’ve been planning. Moreover, we do more tax increment financing (TIF) than any other firm in the state, helping municipal clients plan and establish TIF districts and negotiate credit enhancement agreements. We also understand these constraints given our long history in this industry. We find ways to provide our services in the most cost-effective manner and we practice preventative law, to save our clients legal costs over the long term.

Given our experience over a long period of time representing governmental entities, we’re sensitive to the public-sector perspective—which makes us an even stronger partner for private property owners and developers navigating zoning restrictions, land use permitting requirements and procedures, property tax obligations, and challenges securing financing. Plus, we can efficiently and effectively represent private and nonprofit business interests before local governments and help work toward successful outcomes for both.

Our work in renewable energy captures the benefits of our diverse background and client base. When wind energy started to gain steam in ME, municipalities weren’t sure how to assess it for tax purposes. At the time, there was not enough data for a meaningful income-based assessment model, and no market sales had occurred.

But we didn’t let that stop us from finding a solution. We worked with the data and information we did have—and coordinated with the ME Revenue Service to develop a methodology that worked well for both parties. Our team reviewed each wind project’s capital expenditure budget, allocating portions among communities where appropriate. Then we developed a cost-segregation model that distinguished between hard costs subject to taxation and soft costs that should be eliminated as not entirely tied to tangible property interest or reduced from the project’s overall assessed value.

Our cost-based methodology was designed to be fair and predictable to property owner and taxing jurisdictions—and in the end, it improved goodwill between both parties.

Litigation—in response to judicial challenges—makes up the most significant chunk of legal expenses for most ME municipalities. We practice preventative law in part to keep our clients from having to go to court. But we also try to avoid litigation for another reason: It’s often not the most efficient and cost-effective way to solve a legal problem. Instead, we seek out pragmatic solutions aimed at resolving current disputes and preventing future ones, so our clients can keep their focus on running their businesses and agencies.

We work closely with elected officials, board members, committees, and department heads, helping them develop the background and knowledge necessary to make the most of their time in office. We also partner with various other professional organizations and the ME Municipal Association to provide training to municipal officials on a wide range of topics.

Our attorneys combine their extensive experience with telecommunications, technology, data security, and municipal law to give our clients the confidence to successfully navigate large-scale broadband projects. We regularly advise municipalities in the negotiation of broadband infrastructure agreements to bring broadband access to citizens throughout the State of ME and beyond. This group also specializes in:

• Interlocal agreements, non-profit formation, and utility district regulations
• Contract review services
• Land use permitting and approval process
• American Rescue Plan Act (ARPA) and Bipartisan Infrastructure Law funding compliance

Our municipal attorneys practicing in this area work closely with members of our Business Law, Media and Marketing, and Technology, Outsourcing, and Data Security practice groups to provide well-informed and strategic counsel to our clients.