Overview

Paul D. Bain represents people and businesses in eminent domain, inverse condemnation, and property rights litigation across Florida for over 25 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. Paul joined Trenam in October 2011 and previously served as co-leader of the Litigation and Dispute Resolution Group.

Representative Matters

  • 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.

Representative Clients

  • 7-Eleven, Inc.
  • Bed, Bath and Beyond
  • Bloomin’ Brands: Outback Steakhouse, Carrabba’s Italian Grill, Bonefish Grill, and Fleming’s Prime Steakhouse & Wine Bar
  • Buy Buy Baby, Inc.
  • CenterState Banks of Florida
  • Checkers Drive-In Restaurants
  • Christmas Tree Shops
  • Circle K Stores Inc.
  • Darden Restaurants: Olive Garden, LongHorn Steakhouse, Capital Grille, Yard House, Bahama Breeze, Seasons 52, and Eddie V’s Prime Seafood
  • McDonald’s USA, LLC
  • Metro Development Group
  • Perkins & Marie Callendar’s
  • Redstone Properties
  • Regions Bank
  • The Northern Trust Company
  • Winn-Dixie Stores, Inc.

Honors and Distinctions

  • Tampa Magazine’s Top Lawyers List, 2018, 2020-2022
  • AV Preeminent Peer Review Rated by Martindale-Hubbell
  • The Best Lawyers in America, Eminent Domain & Condemnation Law, 2008-2023
  • Florida Trend’s Legal Elite, 2005-2011, 2013-2014, 2016-2022
  • Florida Super Lawyers, 2007- 2022 (10+ year recognition)
  • Chambers USA Ranked, Real Estate, 2014-2020, 2022
  • 2008 Broward College Distinguished Alumni, Broward College Foundation, 2008

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

Community Involvement

  • South Tampa Fellowship
  • West Florida Foster Care Services, Inc.

News

Thought Leadership

  • Co-Author, “The Power of Eminent Domain,” Chapter 2, Florida Eminent Domain Practice & Procedure, (12th ed. 2017), (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.
  • “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.
  • Author, “Recovering Damages for Loss of Access in Eminent Domain,” Petrogram, Winter 2006.
  • “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.
  • Author, “Recovering Business Damages When the Government Takes Your Property,” Petrogram, Fall 2005.
  • Author, “Impeaching Expert Witnesses,” Hillsborough County Bar Association Lawyer 24, 2003.
  • Program Co-Chair, CLE International 7th Annual Florida Eminent Domain SuperConference, 2003.
  • Author, “New Eminent Domain Laws: Are Property Owners Still Protected,” Florida Realtor, March 2000.
  • “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.
  • 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.
  • “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.
  • 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.
  • “Chiseling Away at Full Compensation with ‘Mitigation’ and ‘Cost to Cure,’” Hillsborough County Bar Association, Eminent Domain Seminar, 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.