James D. Masterman
James D. Masterman is a shareholder with the Boston office of Greenberg Traurig, LLP. A trial lawyer with substantial experience representing property owners in eminent domain, land use and real estate valuation litigation, including tax proceedings and lease arbitrations, his clients include commercial, industrial and residential property owners and developers throughout Massachusetts and New England. Jim is a former Chair of the Condemnation, Zoning and Land Use Committee of the American Bar Association’s Section of Litigation (1995-1998) and has served as a Council Member for the Boston Bar Association (2007-2010). He is also a former law clerk to the Honorable John J. McNaught of the US District Court and previously served as an Assistant District Attorney.
Significant Eminent Domain and Property Rights Representations and Reported Decisions
- State of Connecticut v. Hartford New Park LP, No. HHDCV 2011-5035374 (Connecticut Condemnation Proceeding)
- State of Texas v. Inland Western Southlake LP, No. 2010-087299-2 (Texas Condemnation Proceeding)
- State of Texas v. Inland Western Grapevine LP, No. 2010-087097-1 (Texas Condemnation Proceeding)
- Regional Transportation District [Denver, Colorado] v. Leal, et al., No. 2009 CV 6458 (Colorado Condemnation Proceeding, for Lender)
- Central Steel v. Somerville Redevelopment Authority, 447 Mass. 337 (2006)
- Boston Water & Sewer Commission v. Commonwealth, 64 Mass. App. Ct. 611 (2005)
- Liberty Square Dev. Trust v. Worcester, 441 Mass. 605 (2004)
- Portland Natural Gas Transmission System v. 19.2 Acres of Land, 318 F. 3d 279 (1st Cir. 2003)
A selection of Jim’s recent presentations and articles is below, for a complete list please visit here.
- American Law Institute: Condemnation 101, “Anatomy of An Appraisal Report,” February 5, 2015, San Francisco, CA.
- American Law Institute: Eminent Domain and Land Valuation Litigation, “Rearranging the Deck Chairs When the Ship is Going Down: Protecting Your Record for Appeal,” January 24, 2014, New Orleans, LA.
- American Law Institute: Condemnation 101, “How To Attack or Defend Comparable Sales,” January 23, 2014, New Orleans, LA.
- American Law Institute: Condemnation 101, “Direct Examination of Valuation Witnesses in Eminent Domain,” January 25, 2013, Miami Beach, FL.
- REBA 2012 Annual Meeting & Conference, “Recent Trends in Eminent Domain Takings,” October 29, 2012.
- American Law Institute-American Bar Association: Condemnation 101, “Strategic Depositions: Deposing Valuation Experts,” January 27, 2012, San Diego, CA.
- American Law Institute-American Bar Association: Condemnation 101, “Working with Valuation Experts: Who, What, When, Where, How?,” February 17, 2011, Miami, FL.
- American Law Institute-American Bar Association: Eminent Domain and Land Valuation Litigation, “Effective Discovery: Deposition of Expert Witnesses in Eminent Domain,” January 2010, Scottsdale, AZ.
Published Articles and Papers
- Co-Author,”Rearranging the Deck Chairs when the Ship is Going Down: Protecting Your Condemnation Record for Appeal,” The Practical Real Estate Lawyer, May 2015.
- Co-Author, “Damages to Real Property,” Real Estate Valuation & Eminent Domain Litigation, MCLE, 2012
- Author, “Eminent Domain and the Commercial Lease,” Lexology, March 21, 2012
- Author, “Landlord and Tenant in Eminent Domain,” ALI-ABA Course of Study Written Materials, January 26, 2012
- Co-Author, “Deposition Of The Appraiser In Takings Cases,” The Practical Litigator, November 2010
- Author, “Preparation of the Appraiser as an Expert Witness,” Real Estate Valuation & Eminent Domain Litigation, MCLE, 2009
Bar Admissions and Memberships
- Commonwealth of Massachusetts
- US District Court
- US Tax Court
- First Circuit Court of Appeals
- US Supreme Court
- American Bar Association
- Massachusetts Bar Association
- Boston Bar Association
- Board Member, Owners’ Counsel of America (2013-2016)
- Member, Federal Practice Task Force
- Affiliate Member, Appraisal Institute
- Chair, American Bar Association, Section of Litigation, Committee on Condemnation, Zoning and Land Use Litigation (1995-1998)
- Co-Chair, Unpublished References Committee
- Council Member, Boston Bar Association (2007-2010)
- Advisor, Boston Mayor Thomas M. Menino’s Advisory Panel on Housing (2004)
- Elected Town Meeting Member, Town of Needham, Massachusetts
- Member, Town of Needham Finance Committee (1999-2002)