People > Attorney > Ted Herzog
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Overview
Ted is a member of Tonkon Torp's Real Estate & Land Use Practice Group. His practice focuses on real estate acquisitions, sales, leasing, financing, and development, particularly in the seniors housing market. Additionally, he counsels on general business matters and negotiates and drafts a wide variety of business contracts. He has been recognized by Best Lawyers in America for his real estate law expertise. Ted takes a practical, efficient approach to addressing his clients' legal needs. He stresses good communication and results.
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Featured Representative Matters
Complex Seniors Housing Transaction
Represented client in transaction to manage and potentially, in the future, acquire existing senior living facilities. The transaction involved complex issues of state licensing and regulatory oversight of facilities that receive state financial assistance.
Development of Massachusetts Senior Living Facilities
Represented seniors housing client in the formation of a joint venture with a Massachusetts developer to acquire a partial interest in a real estate sale agreement, and the acquisition of a portion of the property for the development of two assisted living facilities. The real estate transaction involved the subdivision of the property, creation of easements and other rights to the lots not acquired by the client, and the imposition of historical preservation and affordable housing covenants on the property as a condition of development. Also assisted the joint venture to obtain construction financing.
Represents Retirement Companies
Representing owners of retirement residence companies. Ted counsels on real estate transactions, business sales and acquisitions, and construction and permanent loan transactions throughout the United States, including Fannie Mae and Freddie Mac loans.
Timberland & Mill Purchases & Sales
Timberland and mill purchases and sales in Oregon, Idaho, Montana, California and Washington. He also provides day-to-day advice on real estate and general business matters such as easements, timberland transactions, Sec. 1031 exchanges, and standardizing business forms.
Small Business Administration
Represented the buyer of a warehouse in N.W. Portland with Small Business Administration (SBA) financing, including negotiating and drafting the purchase and sale agreement, a short-term lease back to the seller, and forming a new entity to take title.
Leasing Transactions
Office, commercial, and industrial leasing transactions representing landlords and tenants. Negotiating, drafting, and reviewing purchase and sale agreements for real estate concerns and businesses. Ted also handles secured lending, leases, easements, sale-leaseback transactions, and other transactions.
Organizational Documents
Negotiating and drafting organizational documents for joint ventures, limited liability companies, and other entities for real estate investments.
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Featured Work
Yakima Products Acquires New Headquarters Campus with Help from Tonkon Torp
Tonkon Torp’s real estate and land use team completed a time-sensitive transaction that enabled the fast-growing Yakima Products, Inc., to acquire its new corporate headquarters in Lake Oswego, Oregon. Find details and more featured cases here.
Tonkon Torp Helps Commercial Real Estate Owner With Critical Sale Hurdle Through Defeasance
Tonkon Torp’s timely and experienced loan defeasance work permitted a shopping center owner to realize the profitable sale of that real estate in a transaction that initially appeared to be financially infeasible. Find details and more featured cases here.
"Burn To Learn" Training Clears the Way for Residential Development
Attorneys David Petersen, Ted Herzog, and Duncan Delano recently provided the legal horsepower for a new, seven-lot rural residential development to be known as Trillium Estates on Chehalem Mountain. The property originally included one structure, which was slated for removal prior to development of the new parcels. Rather than the mundane bulldozing of the house, the client allowed the Newberg Fire Department to burn it down in a “burn to learn” training exercise.
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Community Involvement & Activities
Washington State University Foundation
Board of Trustees
Oregon State Parks Trust
Volunteer Lawyer
Former Chairman and Trustee
Former Chairman and Trustee
Oregon Trail Foundation, Inc.
Former Member, Board of Directors
Former Volunteer Lawyer
Former Volunteer Lawyer
Christ United Methodist Church
Former Trustee
Oregon Entrepreneurs Forum
Former Secretary
Volunteer Lawyers Project
Former Member
Volunteer Lawyers Project
Former Member
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Professional Memberships
American Bar Association
Real Property, Trust and Estate Law Section
Seniors Housing Committee
Multnomah Bar Association
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Awards & Recognition
The Best Lawyers in America
2013-2021, Real Estate Law
Chambers USA: America's Leading Lawyers
2014-2015, Recognized Practitioner – Real Estate
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Recent News
8.20.2020
Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List
Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more…
8.15.2019
2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys
Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
6.24.2019
Tonkon Torp Attorneys Author Real Estate Guide for Chambers USA
Four partners from the Tonkon Torp Real Estate & Land Use Practice Group authored the 2019 Chambers USA Regional Real Estate Guide for Oregon. The attorneys who contributed to the guide are Ted Herzog, David J. Petersen, Kimberlee Stafford, and…
8.17.2018
Best Lawyers in America® Names 51 Tonkon Torp Attorneys to 2019 List
Fifty-one Tonkon Torp lawyers representing 41 practice areas have been selected for inclusion in The Best Lawyers in America® 2019. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years
8.16.2017
Best Lawyers in America® Names 49 Tonkon Torp Attorneys to 2018 List
Forty-nine Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2018. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years…
8.15.2016
Best Lawyers in America® Names 44 Tonkon Torp Attorneys to 2017 List
Forty-four Tonkon Torp lawyers representing 38 practice areas have been selected for inclusion in The Best Lawyers in America® 2017. Each attorney has been named to the list in past years, and nearly all have been recognized for more than five years…
4.29.2016
Tonkon Torp Donates to Senior Living Program
Tonkon Torp made a donation to the Washington State University Foundation for the Senior Living Excellence Fund in the School of Hospitality Business Management. The donation was organized by Ted Herzog, a WSU alum, member of the WSU Foundation board…
8.18.2015
45 Tonkon Torp Attorneys Named Best Lawyers in America® 2016
Forty-five Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2016. All of them have been named to the list at least once before, and many of them have been recognized for a number of…
6.10.2015
Chambers USA 2015 Guide Honors 7 Tonkon Torp Practices and 19 Lawyers
Seven Tonkon Torp practices and 19 attorneys have been honored in the 2015 Chambers USA Guide, published annually each May. Seventeen of the attorneys have been on the Chambers list previously. Newly recognized this year are corporate/M&A lawyers…
8.20.2014
Best Lawyers in America® 2015 Names 49 Tonkon Torp Attorneys to Prestigious List
Forty-nine Tonkon Torp lawyers representing 40 practice areas have been selected for inclusion in The Best Lawyers in America® 2015. All of them have been named to the list at least once before, and many of them have been recognized for a number of…
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Recent Alerts
2.17.2017
Important Deadlines Loom for Landlords Under Portland Residential Renter Protection Ordinance
For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland's new Renter Protection Ordinance. The Portland City…
6.13.2007
Supreme Court Allows Superfund Cleanup Cost Recovery
On June 11, 2007, in U.S. v Atlantic Research Corp., the United States Supreme Court solved a portion of the puzzle that has confounded so-called potentially responsible parties (PRPs) since the Court's decision in Cooper Industries, Inc. v Aviall…
5.29.2007
Deadline Extended for Resolution of Certain Measure 37 Claims
On May 10, 2007, Governor Kulongoski signed House Bill 3546, which extends the time period for government entities to decide certain Measure 37 claims from 180 to 540 days.
11.7.2006
Deadline to File Certain Measure 37 Claims is December 2, 2006
Oregon's Ballot Measure 37 (now codified as ORS 197.352) took effect on December 2, 2004.
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Publications & Presentations
"USA Regional Real Estate Guide – Oregon," Chambers and Partners, May 2019
Oregon CLE Chapter on Boundary Line Disputes and Encroachments