Paul D. Bain

Shareholder

ALTERNATE CONTACT

Kate Palozzi
Paralegal

OVERVIEW

Paul D. Bain joined Trenam Kemker in October 2011 in the Commercial Litigation Practice Group. Paul has represented people and businesses in eminent domain, inverse condemnation, and property rights litigation across Florida for over 20 years in state and federal courts. His clients include large and small land and business owners with collectively over 100,000 acres of property. He has served in leadership of Florida eminent domain and published and lectured in state and national forums.

EXPERIENCE

  • Represented Kissimmee River property owner against water management district’s fee simple and flowage easement takings of 1,557 acres, recovering over $22,250,000 along with reduced taking.
  • Represented bank against partial taking for road right-of-way, recovering $650,000 following initial offer of $18,600.
  • Represented moving and storage business against proposed closure of access on state highway system, negotiating resolution preserving continued site access and operations.
  • Represented property owner against pipeline easement taking, recovering $750,000 following initial offer of $23,000.
  • Represented phosphate mining property owner against proposed pipeline easement taking, recovering $6,000,000 following initial offer of $555,000.
  • Represented shopping center owner against partial taking for elevated flyover road construction, recovering $3,500,000 following initial offer of $790,000.
  • Represented shopping center anchor tenant against partial taking for one-way frontage road construction, negotiating resolution eliminating frontage road and preserving direct access to state highway system.
  • Represented gas and convenience store business against partial taking for road right-of-way, recovering $850,000 following initial offer of $124,000.
  • Representing property owner against pipeline company, obtained decision from appellate court denying pipeline company the authority to take private property in advance of entry of a final judgment, reversing over 50 years of pipeline company practice.

 PROFESSIONAL INVOLVEMENT

  • The Florida Bar
        - Eminent Domain Committee, 1994-present
  • Hillsborough County Bar Association
        - Eminent Domain Committee, 1994-present
        - Vice-Chair, 2003-2004
  • CLE International 13th Annual Florida Eminent Domain SuperConference, Program Co-Chair, 2009
  • CLE International 7th Annual Florida Eminent Domain SuperConference, Program Co-Chair, 2003
  • International Council of Shopping Centers, Associate Member
  • Florida Petroleum Marketers and Convenience Store Association, Member
  • Florida Self Storage Association, Member

 COMMUNITY INVOLVEMENT

  • Covenant Life Church
  • Classical Conversations Tampa

 

 

PUBLICATIONS

  • Co-Author, “The Power of Eminent Domain,” Chapter 2, Florida Eminent Domain Practice & Procedure, (9th ed. 2014), 8th ed. 2012).
  • Author, “'Risky Business’ Damages in Florida Eminent Domain: Will all risks associated with relocation be placed on the owner?” Petrogram, Spring 2009.
  • Author, “Recovering Damages for Loss of Access in Eminent Domain,” Petrogram, Winter 2006.
  • Author, “Recovering Business Damages When the Government Takes Your Property,” Petrogram, Fall 2005.
  • Author, “Impeaching Expert Witnesses,” Hillsborough County Bar Association Lawyer 24, 2003.
  • Author, “New Eminent Domain Laws: Are Property Owners Still Protected,” Florida Realtor, March 2000.
  • Author, “1999 Amendments to Florida's Eminent Domain Statutes,” The Florida Bar Journal, Nov. 1999.
  • Co-Author, “Authority to Exercise Power,” Chapter 2, Florida Eminent Domain Practice & Procedure, (7th ed. 2008), (6th ed. 2003), (5th ed. Supp. 1999).
  • Author, “Litigating the Road Case,” National Business Institute, Road and Access Law In Florida Seminar, 1999.
  • Author, “Enforcing Settlement to Ensure Full Compensation,” Hillsborough County Bar Association Lawyer 15, 1997.
  • Author, “Cost to Cure,” Florida Conference of Circuit Judges, Eminent Domain Seminar, 142-58,  1995, 2000, 2004.
  • Author, “Broward County v. Patel: Reducing Full Compensation to a Mere Probability,” The Florida Bar, Eminent Domain Committee Newsletter, Vol. 8, p.8, 1995.
  • Author, “A Review of the Law of Access,” The Florida Bar Continuing Legal Education Committee and the Eminent Domain Committee, Condemnation Seminar, 1994.
  • Co-Author, “Contamination Stigma: Defending the Landowner Against the New Scarlet Letter in Eminent Domain,” Institute on Planning, Zoning and Eminent Domain, 1994.
  • Co-Author, “The Critical Role of Experts in Creating a Legal and Practical Cost to Cure in Eminent Domain,” Condemnation, Zoning and Land Use Committee, Litigation Section, American Bar Association Annual Meeting, 1994.
  • Co-Author, “Is Full Compensation Certain or Merely Probable?” Hillsborough County Bar Association Lawyer 16, 1994.

NEWS

PRESENTATIONS

  • “Get on the Case: Reviewing This Year's Eminent Domain Law,” CLE  International 13th Annual Florida Eminent Domain Super Conference, 2009.
  • “Why Buy the Cow When You Can Get the Milk for Free? A Review of Forced Dedications,” CLE International 8th Annual Texas Eminent Domain Super Conference, 2009.
  • “Eminent Domain Law: How Does Texas Measure Up?,” CLE International 8th Annual Texas Eminent Domain Super Conference, 2009.
  • “Hot Property: Florida Case Law Update,” CLE International 10th Annual Florida Eminent Domain Super Conference, 2006.
  • “Forced Dedications,” CLE International Florida Regulatory Takings Seminar, 2006.
  • Program Co-Chair, CLE International 7th Annual Florida Eminent Domain SuperConference, 2003.
  • “Discovery Disputes: How to Get the Most Information with the Least Amount of Pain; What You Can Get and What You Can’t,” CLE International 6th Annual
  • “Don’t Get Taken’ by a Government Taking,” Florida Petroleum Marketers and Convenience Store Association, Annual Convention and Trade Show Workshop, 2000.
  • “Overview and Update on Wetlands Regulation and Takings,” CLE International, Florida Wetlands & Mitigation Banking Seminar, 1999.
  • “Litigating the Road Case” and “Methods of Public Road Creation,” National Business Institute, Road and Access Law In Florida Seminar, 1999.
  • “Chiseling Away at Full Compensation with ‘Mitigation’ and ‘Cost to Cure,’” Hillsborough County Bar Association, Eminent Domain Seminar, 1994.

HONORS & DISTINCTIONS

  • AV Preeminent Peer Review Rated by Martindale Hubbell
  • The Best Lawyers in America, 2008-2014
  • Chambers USA Ranked, Real Estate, 2014
  • Florida Trend Legal Elite, 2005-2011, 2013-2014
  • Florida Super Lawyers, 2007-2014
  • 2008 Broward College Distinguished Alumni, Broward College Foundation, 2008

EDUCATION

University of Florida Levin College of Law (J.D.), 1993
    - Florida Law Review, Senior Research
       Editor
    - Legal Research and Writing Teaching
       Fellow

John B. Stetson University (B.A.), 1990

    • Mortar Board
    • University President’s Leadership Cabinet
    • Crew Team, Founding Member

ADMISSIONS

Florida

United States District Court, Middle, Southern and Northern Districts of Florida

United States Court of Appeals, Eleventh Circuit

United States Court of Federal Claims

Alternate Contact

Education

University of Florida Levin College of Law (J.D.), 1993
    - Florida Law Review, Senior Research
       Editor
    - Legal Research and Writing Teaching
       Fellow

John B. Stetson University (B.A.), 1990

    • Mortar Board
    • University President’s Leadership Cabinet
    • Crew Team, Founding Member

Admissions

Florida

United States District Court, Middle, Southern and Northern Districts of Florida

United States Court of Appeals, Eleventh Circuit

United States Court of Federal Claims

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