Real Estate and Eminent Domain

         Bruce Smith has a comprehensive knowledge of real estate and commercial law including sales, development, leases, joint ventures, covenants, easements, financing, zoning and entitlement process. Representative past cases include:
  • Representing sellers and purchasers of commercial office buildings and residential rental property.
  • Negotiating cross easement agreements to allow for development of adjoining commercial properties.
  • Negotiating leases, performing due diligence and lease review regarding purchase of shopping mall.
  • Obtaining favorable comprehensive plan change from local government despite difficult political climate.
  • Obtaining court judgment and subsequent administrative proceeding award from state recovery fund against defaulting building contractor.
  • Joint representation of seven adjacent land owners to create value by negotiating consolidated sale/development agreement.
  • Obtaining judgment for homeowners' association requiring newly constructed garage to be torn down due to covenant violation.
  • Defending and resolving litigation over guarantee of loan on shopping mall.
  • Using knowledge of Virginia procedural devices to win plea in bar and demurrer of claims in real estate contract action.

         Mr. Smith also represents landowners in condemnation cases and fights for them to get fair compensation for what was taken. Mr. Smith understands how to investigate, organize and then try a condemnation case. He has the contacts and the knowledge base to be able work with expert engineers and appraisers to fully analyze the ways in which the taking affected the property and then persuasively explain those concepts to the jury or commissioners. Examples of some of the cases in which Mr. Smith has been able to help landowners include the following:
  • A total taking of an investment property for a storm pond and road widening that resulted in a jury trial award and interest totaling $749,000 after an initial offer of $450,000.
  • A road widening which condemned a portion of an undeveloped commercial property that settled without trial for $400,000 after an initial offer of $68,000.
  • A road widening which condemned a portion of a client's home that resulted in a jury trial award and interest totaling $418,000 after an initial offer of $213,000.
  • A road widening which condemned a portion of a commercially planned property that settled without trial for $247,000 after an initial offer of $89,000.

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND THE RESULTS SHOWN BELOW DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY BRUCE R. SMITH




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