Barclay Damon
Barclay Damon

Mark R. McNamara

Mark R. McNamara

Partner

p: 716.566.1536

f: 716.846.1210

icon_email mmcnamara@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Washington Office

1325 G Street NW
Suite 500
Washington, D.C. 20005


p: 202-582-0601
f: 202-582-0602

As Real Property Tax & Condemnation Practice Area chair, Mark 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 condemners’s counsel in planning and litigating 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 expansions, electric generating facilities, and natural gas and electric transmission lines. He has also represented numerous condemners and condemnees in just compensation valuation proceedings. A major part of his practice also involves litigating property tax assessment challenges involving power plants, manufacturing, warehouse, distribution, office, and commercial facilities.

Representative Experience

  • Defense of municipalities in RPTL Article 7 tax assessment proceedings challenging assessments of heavy industrial aluminum smelting facilities, shopping centers, big box retail facilities, and various other commercial facilities. 
  • Property tax litigation over the tax assessment of a 685 MW generating station and the negotiation of a payment in lieu of tax agreement (PILOT) with the municipalities and Niagara County Industrial Development Agency. 
  • Property tax litigation over the tax assessment of a 1,000,000+ SF national brewery and distribution facility and the negotiation of a PILOT with the municipality's 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. 
  • Represented a condemner industrial development agency in the acquisition of more than 60 acres of property in connection with the retail/commercial development Carousel Landing project. 
  • Represent condemner in the 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 an NHL franchise’s sports arena. 
  • Acquisition of property by eminent domain for the development of a 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 in Ithaca, New York. 
  • Defended a 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 the expansion of the Augspurger Parking Ramp in Buffalo, New York. 
  • Acquisition of property interests from multiple property owners for the development of a Triple-A baseball stadium in Buffalo, New York. 
  • 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, New York. 
  • Acquisition of property interests for the construction of interstate natural gas pipelines. 
  • Acquisition of easement interests in connection with the 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

  • Grievance Committee, Chairperson, New York State Supreme Court, Appellate Division, Fourth Department, Eighth Judicial District, 2015-2018
  • New York State Bar Association 
  • Erie County Bar Association 
  • District of Columbia Bar Association

Civic Activities

  • Aurora Waldorf School, West Falls, New York, Vice President and Trustee

Speaking & Publications

  • “Abandonment of a Project and/or a Taking,” Condemnation Law and Procedures in New York, Chapter 22, 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

  • Three-Time Recipient of the Buffalo Business First Legal Elite Award
  • Selected to Super Lawyers Upstate New York: Eminent Domain, 2015-2018
  • The Best Lawyers in America®: Eminent Domain and Condemnation Law, 2012-2019
  • 2nd Annual "Who’s Who in Law": Litigation 
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Moot & Sprague, Partner

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