Firm Areas of Expertise
Real estate/business transactions: We prepare and review transaction documents concerning all aspects of real property and business acquisition and sales. This includes seller financing of residential and commercial property sales, formation of corporations and limited liability companies, and tax-deferred exchanges.
Personal Injury: Byron Farley leads the personal injury team, representing injured people in all aspects of the insurance claims and litigation process. His focus is on motor vehicle accidents, with an emphasis on serious bodily injury and wrongful death. Mr. Farley and his team are committed to obtaining the maximum financial recovery for his clients.
Litigation, mediation and arbitration of civil law disputes: Our firm’s philosophy is that the client is best served by resolving disputes out of court rather than going to trial. Litigation is our last resort when all reasonable avenues for dispute resolution are exhausted. When we have to resolve a dispute by litigation, our firm’s experience is solid. We are experienced litigators before both juries and judges in all of the Willamette Valley counties. We are one of the few small firms that can competently handle complex disputes in any forum, be it a jury trial or arbitration.
Land use laws: Our firm is experienced in all aspects of land-use law. We handle a range of issues from simple lot line adjustments to complicated subdivision approvals. We are experienced in preparing covenant, conditions and restrictions (CCRs) for large-scale subdivisions as well as deed restrictions and easements for individual property sales. Our firm is experienced in appeals to the Land Use Board of Appeals (LUBA) as well as advancing Writs of Review before Oregon’s circuit courts. We appear regularly before city and county governments on zone change and conditional use issues.
State agency review proceedings: Martinis & Hill has extensive experience in conducting contested case hearings before state administrative law judges. Such hearings include resolving disputes through Oregon’s Construction Contractor’s Board (CCB) as well as proceedings and appeals involving licensing disputes for Realtors, surveyors and appraisers.
Condominium law: Our firm is one of the few firms in the Willamette Valley with experience in the complicated process for obtaining condominium approval for new projects as well as retrofitted building projects. We are able to take the client through the often frustrating and difficult state agency review process for condominium approval. We are experienced in working with surveyors and budget analysts, whose services are required to obtain project approval. We also are experienced in preparing bylaws and rules for condominium homeowner’s associations.
Boundary disputes: One of the most common disputes between neighbors concerns property lines. Our firm has extensive experience in resolving adverse possession and boundary location disputes.
Conservatorships and Guardianships: We hold a contract with the Oregon Department of Human Services to provide conservatorship and guardianship assistance in certain cases. Additionally, our firm also assists individuals with disabilities and their families in protecting the financial and physical well-being of those persons in need.
Construction Lien Litigation: We have extensive experience in preparing, perfecting and litigating construction liens for builders and suppliers. We also regularly assist homeowners who are confronted with construction lien claims that lack merit.
Construction Defect Litigation: Martinis & Hill represents homeowner’s associations, individual homeowners, and builders in disputes centered on claims of defective material and workmanship. We have been on both sides of cases involving EIFS (synthetic stucco), defective window installation, faulty roofing, as well as, mold and water infiltration.
Eminent domain: We represent landowners against government agencies to obtain just compensation when an owner’s property is taken by condemnation.
Foreclosures: Martinis & Hill represents lenders needing to foreclose on mortgages and trust deeds. We also assist homeowners who face losing their homes through foreclosure. We have experience in negotiating loan modifications, short sales, and transfers of property to avoid continuing debt.
Landlord and Tenant: In addition to preparing commercial and residential lease agreements and month-to-month tenancy arrangements, we advise both landlords and tenants of their rights under the Oregon Residential Landlord Tenant Act and common law. We regularly handle litigation involving eviction and premises damage claims.
Real estate broker liability and licensing: We regularly appear before the Oregon Real Estate Agency in defending brokers against threatened license suspensions and revocations.
Probate: Our firm is experienced in recognized probate avoidance instruments such as revocable living trusts, joint ownership instruments and lifetime giving. We also assist families with the probate procedure, from the initial petition through the order of final distribution. For estates that qualify, we also are experienced in the shortened probate procedure for filing a Small Estate Affidavit.