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Mark S. Bourbeau
Email Address:
mbourbeau@dtm-law.com
Phone: 781-749-7200
Fax: 781-741-8865
Mr. Bourbeau is listed in the 2009-2016 Editions of
The Best Lawyers in America, Copyright 2009-2016 by Woodward/White,
Inc., Aiken, SC.
Mark Bourbeau’s practice is concentrated in the
representation of public and private clients in a variety of civil
litigation matters, development issues, and consultation, with specific
emphasis on the areas of real estate, eminent domain, environmental law,
government relations and business litigation. Mr. Bourbeau is a cum
laude graduate of Boston Law School. Prior to entering private practice
in 1991, Mr. Bourbeau was the senior trial attorney in the Eminent
Domain Division of the Office of the Massachusetts Attorney General. He
subsequently served as a Special Assistant Attorney General representing
the Massachusetts Highway Department (MHD) and its Central Artery/Tunnel
Project (CA/T), the Department of Fisheries and Wildlife (DFW), and the
Department of Environmental Management (DEM) (now the Department of
Resource Conservation (DCR).
He has represented those and other public agencies,
such as Mass Development, the Fall River Redevelopment Authority, and
various municipalities on a number of complex, high value eminent domain
and related real property cases across the state, from Edgartown to
North Adams. In 1992, he defended the Commonwealth in the largest land
damage trial in the state’s history, a claim of $100 million for the
taking of the office building at 150 Causeway Street in Boston, adjacent
to Boston Garden.
Mr. Bourbeau has represented numerous private
landowners as well, obtaining substantial verdicts and settlements in
their favor against various taking authorities, including the MBTA and
MWRA. One such eminent domain case on behalf of a private landowner
resulted in the 10th highest civil verdict statewide during
1998; another resulted in the 4th highest civil verdict
statewide in 2007; in 2013 Mr. Bourbeau collaborated with Attorney
George Moore of Devine & Millimet in Manchester, N.H. in obtaining a
$13.5 million eminent domain verdict against the New Hampshire
Department of Transportation (NHDOT).
Mr. Bourbeau has extensive experience with the
legal issues pertaining to real property acquisitions, including title
issues and relocation, and land disposition by public bodies. Mr.
Bourbeau also represents numerous private clients in matters pertaining
to real property damages, inverse condemnation, nuisance, environmental
contamination and damages resulting to the drawing down of water
supplies, as well as general business litigation. In addition, he
represents private clients in other complex civil litigation, including
medical and legal malpractice, labor, civil rights and employment
discrimination, first amendment cases, and commercial litigation. Mr.
Bourbeau has substantial public speaking experience on relevant topics,
including featured presentations to the American Bar Association
Litigation Section, the National Association of Corporate Real Estate
Executives, the Massachusetts Association of Land Surveyors and Civil
Engineers, the Greater Boston Board of Real Estate Appraisers and the
City Solicitors and Town Counsel Association. He has taught numerous
real estate and law related courses at Northeastern University’s
University College and Newbury College. He also has served as an advisor
in Harvard Law School’s Trial Advocacy Workshops, and as a judge in its
Ames Moot Court Competitions. He was the Chair of the Massachusetts
Continuing Legal Education (MCLE) program Navigating the Eminent Domain
Process in 2006.
Bar Admissions: Massachusetts, United States
District Court (MA), United States Court of Appeals (1st Circuit),
United States Supreme Court
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