David N. Heaton

David N. Heaton

Partner | Atlanta Office
T: (404) 420-5553
F: (404) 522-8409

Practice Group(s)



  • Hampden-Sydney College - (B.A., summa cum laude, 1984)
  • Emory University School of Law - (J.D., with distinction, 1987)

Admitted to Practice

  • Georgia


About David

David specializes in commercial real estate law, with an emphasis on developer and owner representation. He has handled numerous commercial real estate transactions, including acquisitions and dispositions, construction and permanent financing, mezzanine financing and equity investment. Additionally, David's practice has included the representation of a national retail tenant in connection with store openings and expansions in shopping centers. He also has extensive experience in virtually all contractual components in the area of wireless telecommunications site acquisition, including ground leases, collocation agreements and build-to-suit arrangements. David also has extensive experience in representing lenders in connection with loans secured by real estate.

Representative Engagements

  • Lead real estate counsel for major healthcare provider in acquisition of multiple hospital campuses in $575 million transaction.
  • Represented institutional purchaser in $132,250,000 acquisition of multi-building office project and mortgage loan assumption.
  • Participated extensively in representation of institutional owner in sale of office building portfolios having an aggregate value exceeding $1.5 billion
  • Represented institutional purchaser in acquisition and subsequent financing of $165 million mixed-use development in Atlanta, Georgia.
  • Participated extensively in acquisition and financing of $565,000,000 multi-property portfolio acquisition and simultaneous disposition of several components.
  • Represented hotel and residential condominium developer in $43,500,000 mezzanine financing.
  • Represented acquisition and developer client in acquisition and financing of 200+ unit apartment projects in Atlanta, Georgia and Tampa, Florida.
  • Represented acquisition and developer client in acquisition of 250,000 square foot office building in Atlanta, Georgia.
  • Represented developer in $136,800,000 construction financing for office project in Nashville, Tennessee.
  • Represented purchaser in acquisition of multi-site triple net leased retail facilities.
  • Represented golf course developer in connection with disposition of championship golf course and acquisition and development of replacement golf course facility as part of reverse section 1031 exchange.
  • Represented industrial property developer in connection with acquisition of numerous industrial properties as part of reverse section 1031 exchange transaction.
  • Represented multi-family developer in sale of 200+ unit apartment project and related retail property.
  • Represented national retail tenant in development of new stores in various states.
  • Represented national wireless communications provider with respect to site acquisition and establishment of wireless network in Atlanta, Georgia market.
  • Represented various office project owners in refinance transactions involving loans exceeding $25,000,000

Professional and Civic Involvement

  • Member, State Bar of Georgia, Real Property Law Section
  • Board Member, Feeding the Homeless Project, Inc.
  • Board chairman, Brookhaven Christian Child Development Center, Inc.


  • Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM (2012)
  • Order of the Coif, Emory University School of Law
  • Member, Emory University Law Review (1985-1987)

Publications and Presentations

  • Author and Speaker: "Real Estate as Part of Corporate Transactions: Guideposts for the Corporate Lawyer," State Bar of Georgia Business Law Institute, October, 2016
  • Speaker:  “The Latest Phase of Recovery: Capital Markets and the Acquisition/Sale of Investment Grade Assets,” Georgia Real Property Law Institute, May, 2014
  • Author: "Liens for Liquids: The Basics of Real Property Liens for Unpaid Water and Sewer Charges in Georgia," State Bar of Georgia Real Property Law Section Newsletter, Summer 2012
  • Speaker: "Seller Considerations and Remedies Upon a Buyer Default Under an Agreement to Purchase Real Estate," Workouts and Remedies in Real Estate Program (Law Seminars International), September, 2008
  • Speaker: "Closing Modern Real Estate Purchases -- Be Ready to Satisfy Title Insurance Requirements," SES Real Estate Purchase and Sale Agreements Program, June, 2003.
  • Speaker: "Telecommunications Leases: What All Real Estate Professionals Need to Know," Commercial Leasing 200 for Business and Legal Professionals, May, 2000
  • Speaker: Build-to-Suit and Purchase/Leaseback Tower Programs, A National Symposium, March, 1998
  • Co-Author: "Consent to Relief From the Automatic Stay in Forbearance Agreements," Real Estate Workouts and Asset Management, December, 1993.
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