Public Finance

Baird Holm’s public finance practice group is one of the longest-standing in the state of Nebraska. Our broad and varied experience in the public finance field allows us to provide our clients with exceptional service in a wide variety of projects that finance the construction of public infrastructure and buildings owned and operated by governmental entities or tax-exempt non-profit organizations.

Our Focus

Our public finance clients rely on us to provide sound legal and practical advice in all aspects of public finance transactions and tax incentive programs, including transaction structure, federal tax and securities law matters, due diligence and disclosure, and approving legal opinions.

Our Roles

Our public finance lawyers have experience through the State of Nebraska representing governmental and quasi-governmental issuers, including cities, villages, counties, public power districts, airports, fire protection districts, sanitary and improvement districts, school districts, and hospitals (government owned and non-profit), as well as tax-exempt non-profit organizations and financial institutions, serving as:

• Bond counsel
• Underwriters’ counsel
• Purchaser’s counsel
• Borrower’s counsel
• Credit enhancement provider’s counsel

In addition to general obligation financing and more traditional infrastructure projects, such as public streets, sewers, schools, and hospitals, Baird Holm’s public finance attorneys have represented clients on public finance transactions for the following:

• Sports complex
• Recreational facilities
• Jail and detention facilities
• Wastewater treatment plants
• Courthouses
• Fire stations

Baird Holm routinely acts as bond counsel for sanitary and improvement districts (SIDs). SIDs are quasi-government entities that are unique to Nebraska. These districts construct and maintain public improvements located within residential, commercial, and industrial developments that are located outside of a city’s limits to provide streets, sanitary and storm sewers, water systems and other utility services. SIDs have statutory authority to issue tax-free bonds and warrants to pay for these public improvements.

We regularly assist nonprofit and governmental health care clients with planning for and obtaining tax-exempt financing and refinancing.  The financings cover a wide array of tax-exempt financings ranging from small private placement issues or tax-exempt debt with individual banks or government agencies to large public debt offerings.  We also assist clients with ongoing “private use” and other compliance issues associated with such financings.  

Baird Holm provides expert counsel and assistance to both developers and municipalities in relation to real estate development incentives such as tax increment financing (TIF), enhanced employment areas, general business occupation taxes, and other tax credits and incentives.  We assist our clients in all manners related to such incentives, including navigation of the application and approval process, document drafting, representation at public hearings, and monetization of incentives.

Industry Commitment

All of our public finance attorneys are active members of the National Association of Bond Lawyers and regularly attend national conferences and participate on panels and in other settings to educate issuers and other professionals on matters of industry importance. We continuously monitor regulatory and legislative developments for new types of financing to ensure our clients are provided the highest quality of service.