Miami, FL
(800) 380-3338
mtobin@brighammoore.com

Mark Tobin is a partner practicing in the Miami office. He has been with the firm since 1987 and a partner since 1994. He has dedicated his entire legal career exclusively to the protection of constitutional property rights, representing owners and tenants in eminent domain throughout the State of Florida. Throughout his career, he has enjoyed the opportunity to protect a wide range of property types and businesses, and has gained substantial experience successfully litigating and amicably resolving hundreds of cases through creative negotiations. His enthusiasm, energy and passion for the protection of private property rights is evident in his style of practice. Mr. Tobin is a native of South Florida, born and raised in Hollywood. Over three generations, his family has built a successful real estate investment and development company with national reach. The practical experience and knowledge he has gained through real estate investment and development broadens the scope and depth of his eminent domain and property rights practice. He is a frequent lecturer on condemnation matters, member of the Eminent Domain Committee of the Florida Bar, and serves on the Florida Programming Committee and Governmental Affairs Committee for the International Council of Shopping Centers (ICSC). Mr. Tobin was a 2006 Daily Business Review "Most Effective Lawyer" finalist in the category of real estate, was chosen by his peers as one of the "Legal Elite" in the field of eminent domain in the State of Florida by Florida Trend magazine, has been recognized by his peers as a "Top Lawyer" in the South Florida Legal Guide, and is listed as a "2007 Florida Super Lawyer" by Super Lawyer magazine.

Areas of Practice

Eminent Domain, Inverse Condemnation, Property Rights Litigation, Regulatory Takings

Prior Professional Experience

• Mr. Tobin has extensive experience in eminent domain and property rights cases in Florida Courts throughout the State.
• Represented private property owners and tenants in matters against:
  • Florida Department of Transportation
  • Numerous Community Redevelopment Agencies (CRAs)
  • Various City and County governments
  • Various School Board Districts
  • State Water Management Districts
  • Private Utility Companies
  • Airport and Port Authorities

Notable Cases

• Miami Beach Redevelopment Case on South Beach Oceanfront
  In Miami Beach Redevelopment Agency vs. Golden Eagle, Mr. Tobin raised a vigorous defense against a proposed taking of a South Beach oceanfront hotel by the Miami Beach Redevelopment Agency in order to build the Lowe’s convention center hotel and resort. The initial offer was $5,000,000.00. After aggressively defending against the taking, the City, concerned about the viability of the project, offered $7,930,000.00 and the owners accepted it. If you go to the Lowe’s Resort today you will see the St. Moritz Hotel building still intact and serving as part of the convention center hotel.
• School Board Taking Stopped by Defenses Against Taking
  In Dade County School Board vs. 1001 NW 7th Street, the Miami-Dade School Board’s proposed taking of over 7 acres with a building of over 200,000 square feet on the Miami River was stopped. By saving the property the owner was able, a few years later, to sell it for redevelopment with a high-density, extraordinary river-front project at a price which was multiples of the School Board’s offer.
• Palm Beach County School Board Taking from New Single-Family Home Development; Project Stopped
  Representing D.R Horton, one of the nation’s largest homebuilders, Mr. Tobin defended against a proposed Palm Beach County School Board taking which would have dramatically impacted a new project by eliminating home sites and impacting the utility of the remainder. Mr. Tobin was successful in having the taking diverted to another, more appropriate site. As a result Mr. Tobin met his client’s goal of minimizing or eliminating the taking, enabling the owner to develop hundreds of new homes on the site.
• Tables Turned on Condemnor Regarding Environmental Contamination Claims
  In Broward County vs. Richard LaPointe, the County attempted to only pay approximately $300,000.00 as compensation for the taking of an I-95 Interchange multiple acres located near Hollywood-Fort Lauderdale International Airport by inflating claims of the costs of cleaning environmental contamination on site. Mr. Tobin found maps that were decades old and other evidence which proved that any contamination, in fact, had been caused by the County itself. As a result of this and working with experts to determine the accurate and realistic estimated cleanup costs, Mr. Tobin turned the tables on the County and settled the case for $3,704,480.00.
• Miami International Airport Area Cases
  Mr. Tobin as well as other Brigham Moore attorneys represented a variety of owners with properties located on the east side of Miami International Airport. These were all taken for airport-related highways and for construction of the new Miami Intermodal Center and Rental Car Facility (MIC). Uses were varied among auto rental, hotels, retail, fast food restaurants and industrial properties. Examples include: FDOT vs. Interamerican Car Rental for which the initial offer was $2,849,300.00 and final compensation was $5,327,000.00, FDOT vs. Juan Valdes for which the initial offer was $242,370.00 and final compensation was $400,000.00 for a warehouse and office building which Mr. Valdes built himself and leased to tenants including a billboard tenant with the sign closest to the airport entrance, FDOT vs. Miami Subs for which the initial offer was $1,420,000.00 and final compensation was $2,350,000.00, FDOT vs. RVM for which the initial offer was $447,600.00 and final compensation was $725,000.00 for this luggage security wrapping company’s off-airport site, FDOT vs. Checkers for which the initial offer was $976,500.00 and final compensation was $1,500,000.00, and a total of three (3) cases for long-term second-generation owners, the Sloan family, for which the total initial offer was $2,663,500.00 and total final compensation was $3,930,764.00. Mr. Tobin secured extensions of possession on terms favorable to the owners beyond transfer of title to the government for those operating their own businesses on the subject properties.
• Taking of a Property During the Progress of its Development
  Defended the owners and developers of the Opus Project in downtown Miami. Opus, a proposed 1,500,000 square foot high-rise development project on 3.7 acres lying between the I-395 corridor and the Performing Arts Center was acquired by the FDOT as it was about to receive final approvals for development. The complexity of the case was in ascertaining the land value in the dynamic 2005 downtown Miami market and securing compensation that included remuneration for the developer’s efforts in acquiring the requisite development approvals from the city, completing project design, financing, and end unit presale reservations. Our early involvement in the advanced acquisition process helped to secure $78,000,000 in compensation -- $25,000,000 more than FDOT’s initial appraisal of only $53,000,000.
• Redevelopment Taking
  In City of Miami Beach vs. American Riviera, the case involved a South Beach property taken to construct a new library as part of a Redevelopment Agency cultural campus, Brigham Moore attorneys secured valuable parking rights substantially enhancing property remaining. The initial offer was $430,000.00 and final compensation was $1,500,000.00. In addition, as part of the settlement, the Brigham Moore team secured valuable parking rights substantially enhancing property remaining.
• Creative Resolution from a Total Take to an Exchange
  In FDOT vs. Jean-Pierre LeJeune, the FDOT sought a total taking of the Gourmet Diner (therefore, no business damages are permitted under Florida law). Mr. Tobin was successful in having the government trade excess land from takings across the street and share the expense of buying and transporting to the site a new diner from a location in the northeast United States. The Gourmet Diner is in operation today on Biscayne Boulevard in North Miami Beach. It stands as a reminder that pursuing “out-of-the-box”, creative solutions can lead to excellent results which meet or exceed a client’s goals.
• Negotiating for a Project Change to Protect Owners
  In FDOT vs. Long the owners faced a whole taking, which would allow no business damages and threaten the very existence of a multi-generational family motorcycle business well-known to enthusiasts for half a century. The drainage for the N.W. 12th Avenue bridge project in Miami was redesigned and the parcel was redesigned to a partial taking, thus allowing the family business to remain in its original home, where it continues in operation today.
• Cure for Negative Impacts due to Taking
  In FDOT vs. Audubon Society of Florida, part of a quiet, heavily landscaped bird sanctuary was taken for a Krome Avenue intersection improvement deep in southern Miami-Dade County. Compensation was paid for the land and improvements taken, as well as for negative effects to the remainder’s value and for the expenses of expanding and re-landscaping in order to avoid, or “cure” those negative effects.

Education

• University of Miami, J.D., 1988
• University of Miami, B.B.A., cum laude, 1985

Professional Activities

• International Council of Shopping Centers (ICSC); Florida Programming Committee, 2004 - present
• International Council of Shipping Centers (ICSC); Government Affairs Committee.
• Florida Bar Eminent Domain Committee Member
• Florida Bar Real Property, Probate and Trust Law Section
• American Bar Association Member
• Dade County Bar Association Member

Honors

• Top Lawyer in South Florida, South Florida Legal Guide
• Recognized in Florida Trend Magazine as on of Florida’s “Legal Elite”
• Listed as a 2007 “Florida Super Lawyer” by Super Lawyer Magazine
• Highest rating by Martindale - Hubbell for legal skill and professional ethics

Publications & Speeches

• “Pre-suit/Order of Taking Practice and Procedure,” Florida Conference of Circuit Judges Eminent Domain Seminar; Co-author
• “Proper Planning for Eminent Domain,” International Council of Shopping Centers, Florida Conference; Co-author and Speaker
• “Governmental Impairment of Access: Protecting Your Rights.” International Council of Shopping Centers, Florida Conference; Co-author
• “Valuation of Properties Taken During Development,” ALI-ABA Eminent Domain and Land Valuation Litigation Seminar; San Francisco; Speaker

Interests

• Mr. Tobin and his wife, Christine, have two children, Matthew and Isabella. He cherishes family time. The Tobins own a vineyard (“Mattebella Vineyards”) and enjoy making and collecting wine. He has been professionally trained as a chef at Florida International University’s School of Hospitality Management, as well as Johnson & Wales University. He is passionate about food and wine and enjoys traveling around the world to points of interest revolving around great food and wine.