Hiscock & Barclay
Hiscock & Barclay

Mark R. McNamara

Mark R. McNamara

Partner

p: 716-566-1536

f: 716-846-1210

icon_email mmcnamara@hblaw.com
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Buffalo Office

1100 M&T Center
3 Fountain Plaza
Buffalo, New York 14203

Mark McNamara as chair of the firm’s Real Property Tax & Condemnation Practice Area divides his time between the firm’s offices. He is an experienced trial lawyer who concentrates his practice on eminent domain and real property tax assessment matters with over 25 years of experience, Mark has successfully acted as condemnees’s counsel in planning and litigation, the acquisition of property interests by eminent domain in a variety of major projects including the development of professional sports stadiums, industrial parks, regional mall expansion and natural gas and electric transmission lines. He also represented numerous condemnees in valuation proceedings and owners challenging property tax assessments involving power plants, manufacturing and commercial facilities.

Representative Experience

  • Represented condemnor industrial development agency in acquisition of 60+ acres of property in connection with retail/commercial development Carousel Landing project. 
  • Represent condemnor in acquisition of various lease rights from anchor tenants of Carousel Center Mall for the development of the major expansion of the mall into Destiny USA. 
  • Acquisition of property interests by eminent domain for the development of the NHL franchise’s sports arena. 
  • Acquisition of property by eminent domain for development of parking and retail facility and trial over the property owner's claim of just compensation damages. 
  • Acquisition of property by eminent domain for the development of a highly visible regional conference center hotel Conference Center in Ithaca, NY. 
  • Defended county airport in various trials involving just compensation damages claims brought by property owners whose property was acquired in connection with the expansion of the Genesee County Airport clear zones. 
  • Acquisition of property for expansion of Augspurger Parking Ramp in Buffalo, NY. 
  • Acquisition of property interests from multiple property owners for development of Triple A Baseball Stadium in Buffalo, NY. 
  • Acquisition of property from numerous property owners for the development of the 500 acre upstate New York Industrial Park. 
  • Acquisition of property by eminent domain for the development of a hotel project in Geneva, NY. 
  • Property tax litigation over the tax assessment of a 685 MW Generating Station and the negotiation of a Payment in Lieu of Tax Agreement with the municipalities and Niagara County Industrial Development Agency. 
  • Property tax assessment litigation challenging the assessments of the Chautauqua County steam and generating stations and negotiation of PILOTs with the Chautauqua County Industrial Development Agency and the Erie County Industrial Development Agency.
  • Acquisition of property interests for construction of interstate natural gas pipelines. 
  • Acquisition of easement interests in connection with reconstruction of a transmission line.

Practice Areas

Education

  • George Washington University Law School, J.D., 1980
  • Colgate University, B.A., cum laude, 1976

Admitted To Practice

  • New York, 1984
  • District of Columbia, 1980
  • U.S. District Court, Western District of New York
  • District of Columbia
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • New York State Bar Association 
  • Erie County Bar Association 
  • District of Columbia Bar Association

Civic Activities

  • Aurora Waldorf School, West Falls, New York

Speaking & Publications

  • “Abandonment of a Project and/or a Taking,” Chapter 22, Condemnation Law and Procedures in New York, New York State Bar Association, 2005 
  • "Impact of Environmental Contamination on Property Value," Property Tax in New York Seminar, October 2003 
  • "Property Defects and Real Estate Issues," Real Estate Network Seminar, October 2003 
  • "Legal Appraisal Issues," International Right of Way Association Annual Meeting, October 2003 
  • "Basics of Eminent Domain," Erie Institute of Law Noonday Lecture Series, October 2003 
  • Regular speaker on real property litigation, eminent domain issues and general civil litigation issues at various New York State Bar Association CLE seminars

Honors

  • The Best Lawyers in America, 2012-2015 for Eminent Domain and Condemnation Law
  • 2nd Annual Who’s Who in Law Nomination; Area: Litigation 
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Moot & Sprague, Partner

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