James D. Masterman: Lawyer with Greenberg Traurig, LLP

James D. Masterman

Boston,  MA  U.S.A.

Peer Rating
AV® Preeminent

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Litigation
  • Real Estate Litigation
  • Real Estate Operations
  • Education
Contact InfoTelephone: 617.310.6284
Fax: 617.279.8408
University Cornell University, B.A., 1976
Law SchoolBoston University School of Law, J.D., 1979
Admitted1979, Massachusetts; Supreme Court of the United States; U.S. Bankruptcy Court for the District of Delaware; U.S. Court of Appeals for the First Circuit; U.S. District Court for the District of Massachusetts; U.S. Tax Court
Memberships Boston Bar Association (Council Member, 2007-2010); American Bar Association (Chair, Zoning and Land Use Litigation, Committee on Condemnation, 1995-1998).

James D. Masterman is a trial lawyer with a broad range of experience in eminent domain and real estate valuation litigation, including tax proceedings and lease arbitrations, and in the litigation of land use and property rights issues. His representation of commercial, industrial and residential property owners and developers requires his appearance in U.S. District Court, U.S. Bankruptcy Court, and every state and administrative court of Massachusetts and throughout New England. His advice is also sought by multi-property clients on a national basis on all aspects of eminent domain. Jim served as Chair of the American Bar Association's Committee of Condemnation, Zoning and Land Use Litigation and is a frequent lecturer and writer on eminent domain and valuation, with his articles appearing in many legal and trade publications.

Areas of Concentration

· Valuation disputes

· Eminent domain

· Property rights

· Tax proceedings

Professional & Community Involvement

· Affiliate Member, The Appraisal Institute

· Co-Chair, Unpublished References Committee

· Elected Town Meeting Member, Town of Needham, Massachusetts

· Founding Charter Member, Owners' Counsel of America

· Member, Federal Practice Task Force

· Council Member, Boston Bar Association, 2007-2010

· Chair, American Bar Association, Zoning and Land Use Litigation, Committee on Condemnation, 1995-1998

· Advisor, Boston Mayor Thomas M. Menino's Advisory Panel on Housing, 2004

· Member, Town of Needham, Finance Committee, 1999-2002

Awards & Recognition

· Listed, The Best Lawyers in America, Eminent Domain and Condemnation Law, 2007-2014
- "Lawyer of the Year," Boston Eminent Domain and Condemnation Law, 2013

· Listed, Super Lawyers magazine, Massachusetts Super Lawyers, 2005-2012

· Rated, AV Preeminent® 5.0 out of 5

Professional Experience

Significant Representations

· State of Connecticut v. Hartford New Park LP, No. HHDCV 2011-5035374 (Connecticut Condemnation Proceeding).

· State of Texas v. Inland Western Southlake LP, No. 2010-087299-2 (Texas Condemnation Proceeding).

· State of Texas v. Inland Western Grapevine LP, No. 2010-087097-1 (Texas Condemnation Proceeding).

· Regional Transportation District [Denver, Colorado] v. Leal, et al., No. 2009 CV 6458 (Colorado Condemnation Proceeding, for Lender).

· Michael Syracuse d/b/a Interstate Supply Co., and Texas ICO., Inc. v. Orion Refining Corporation, U.S. Bankruptcy Court (D. Del) Adv. Pro. No. 03.53939 (2008).

· Central Steel v. Somerville Redevelopment Authority, 447 Mass. 337 (2006).

· Boston Water & Sewer Commission v. Commonwealth, 64 Mass. App. Ct. 611 (2005).

· Liberty Square Dev. Trust v. Worcester, 441 Mass. 605 (2004).

· Portland Natural Gas Transmission System v. 19.2 Acres of Land, 318 F. 3d 279 (1st cir. 2003).

Legal Experience

· Assistant District Attorney, Suffolk County, Massachusetts


· Law Clerk, Honorable John J. McNaught of the U.S. District Court for the District of Massachusetts

Publications & Presentations

Articles, Lectures & Publications


· Author, "U.S. Municipalities Pursue Eminent Domain Strategy to Prevent Urban Blight,"Law360, August 26, 2013

· Author, "An Eminent Domain Play for Loans Is All Wet," National Law Journal, August 19, 2013

· Author, "Brockton Rejects Scheme to Take Underwater Mortgages," Massachusetts Lawyers Weekly, August 8, 2013

· Co-Author, "Damages to Real Property," Real Estate Valuation & Eminent Domain Litigation, MCLE, 2012

· Author, "Eminent Domain and the Commercial Lease," Lexology, March 21, 2012

· Author, "Landlord and Tenant in Eminent Domain," ALI-ABA Course of Study Written Materials, January 26, 2012

· Co-Author, "Deposition Of The Appraiser In Takings Cases," The Practical Litigator, November 2010

· Author, "Preparation of the Appraiser as an Expert Witness," Real Estate Valuation & Eminent Domain Litigation, MCLE, 2009

· Author, "Prudent Investor: Interest Rates in Eminent Domain Litigation," Massachusetts Bar Institute, Section Review, Vol. 6 No.1 p.47, 2003

· Author, "Real Estate Title Practice in Massachusetts, Eminent Domain Chapter," MassCLE, 2003

· Author, "Proving Highest and Best Use," ALI-ABA Course of Study Written Materials, 2000

· Author, "Condemnation Clauses in Leases And Other Landlord/Tenant Problems in Eminent Domain," ALI-ABA Course of Study Written Materials, 1999

· Author, "Preparation of the Appraisal Expert Witness," ALI-ABA Course of Study Written Materials, 1998

· Author, "Partial Takings and Severance Damages," ALI-ABA Course of Study Written Materials, 1997

· Author, "Expert Testimony in Eminent Domain Trials," ALI-ABA Course of Study Written Materials, 1995

· Author, "Valuation of Contaminated Real Estate," 21 Massachusetts Lawyers Weekly 32, 1993

· Co-Author, "Damages in Massachusetts Litigation--Real Property Damages," MassCLE (withNeal C. Tully, Esq.), 1993

· Author, "Massachusetts Regulatory Takings Law after Lucas", 21 Massachusetts Lawyers Weekly 229, 1992

Media Coverage

· Quoted, "BRA May Be Expanding Sox Street Deal," Commonwealth magazine, August 22, 2013

· Quoted, "BRA Seeking Extension of Red Sox License Deal," The Boston Globe, May 28, 2013

· Quoted, "Lawyers Debate Brockton's Foreclosure Strategy," Enterprise News, March 22, 2013

· Quoted, "Brockton Becoming Battleground for Eminent Domain Fight," Enterprise News, March 20, 2013

· Featured, "Greenberg Traurig Shareholder James D. Masterman Elected to Owners' Counsel of America's Board of Directors," Boston CityBiz List, March 4, 2013


· Co-Author, "Commonwealth of Massachusetts," The Law of Eminent Domain - Fifty State Survey, American Bar Association, 2012

· Author, "Cost Is Not Value: Post-Inmar Valuations," 10 Real Estate Finance 33, 1993


· Presenter, "Recent Trends in Eminent Domain Takings," REBA Annual Meeting and Conference, October 29, 2012

· Lecturer, "Effective Discovery: Deposition of Expert Witnesses in Eminent Domain," ALI-ABA Conference, Scottsdale, AZ, January 2010

· Lecturer, "Preparation of the Appraiser as an Expert Witness" and "Damages to Real Property," MCLE Seminar, Boston, MA, May 2009

· Lecturer, "Preparation of the Appraisal Expert," ALI-ABA Conference, January 2007

· Lecturer, "Preparation of the Appraisal Expert," Center for American and International Law, Institute on Planning, Zoning and Eminent Domain, November 2004


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Office Information

James D. Masterman

One International Place
BostonMA 02110


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