Mark S. Bourbeau

Mark is recognized as a distinguished eminent domain trial attorney in the Commonwealth. He has over four decades of experience, successfully representing both public agencies and private property owners in complex, high-stakes eminent domain and real estate litigation. Mark was a senior trial attorney in the Eminent Domain Division of the Massachusetts Attorney General’s Office, and later served as a Special Assistant Attorney General, representing major state agencies including the Massachusetts Highway Department (now MassDOT), the Department of Fisheries and Wildlife, and the Department of Environmental Management.

Since entering private practice in 1991, he has continued to be at the leading edge of eminent domain law, handling significant cases for municipalities, redevelopment authorities, and state agencies across Massachusetts. Mark has successfully litigated some of the most consequential eminent domain cases in the state’s history, including defense of the $100 million claim for the taking of the office building at 150 Causeway Street in Boston, and obtaining among the highest civil trial awards in the state: the 10th highest verdict in 1998, the 4th highest in 2007, and a landmark $13.5 million verdict against the New Hampshire Department of Transportation in 2013.

He also has extensive experience in real property title and acquisitions, land use disputes, environmental litigation, business litigation, and inverse condemnation claims.

Education

• Boston College Law School, J.D., cum laude, 1983

• University of Massachusetts, Boston, B.A., 1980

Bar and Court Admissions

• Commonwealth of Massachusetts

• U.S. District Court, District of Massachusetts

• U.S. Court of Appeals, First Circuit

• U.S. Supreme Court

Professional Memberships

• Co-Author, Eminent Domain Law in Massachusetts (MCLE, 2012)

• Massachusetts Municipal Lawyers Association

• American Bar Association Litigation Section

• National Association of Corporate Real Estate Executives

• Massachusetts Association of Land Surveyors and Civil Engineers

Other Activities

• Harvard Law School Trial Advocacy Workshop, Advisor and Judge at the Ames National Moot Court Competitions

• Northeastern University, Adjunct Professor

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