Mark McNamara

Mark chairs Barclay Damon’s Property Tax & Condemnation Practice Area. A trial lawyer with more than 25 years of experience, he focuses on eminent domain and real property tax-assessment matters and provides leadership and guidance to colleagues in the practice.

In eminent domain matters, Mark has served as counsel to condemnors planning and litigating the acquisition of property interests for projects involving professional sports stadiums, industrial parks, regional mall expansions, electric-generating facilities, and natural gas and electric transmission lines. He has also represented both condemnors and condemnees in just-compensation valuation proceedings.

Property tax assessment litigation is another significant part of Mark’s practice. His work includes challenges involving power plants and manufacturing, warehouse, distribution, office, and commercial facilities.

• Represented a hydroelectric company in its acquisition of property interests in connection with its system of hydro-generating plants.
• Provided 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.
• Provided 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 IDA.
• Provided property tax-assessment litigation challenging the assessments of coal-fired electric-generating stations and the negotiation of PILOTs with the Chautauqua County IDA, Erie County IDA, and Rockland County IDA.
• Represented a condemnor IDA in the acquisition of more than 60 acres of oil-terminal storage and distribution facilities in connection with the Carousel Landing retail and commercial development project in Syracuse, New York.
• Represented a condemnor 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 in Syracuse, New York.
• Represented the condemnor in the acquisition of property interests by eminent domain for the development of a National Hockey League franchise’s sports arena.
• Represented the condemnor in the expansion of the Buffalo-Niagara International Airport.
• Represented the condemnor in the acquisition of property by eminent domain for the development of a regional conference center and 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.
• Represented the condemnor in the acquisition of property for the expansion of the Augspurger Parking Ramp in Buffalo, New York.
• Represented the condemnor in the acquisition of property interests from multiple property owners for the development of a Triple-A baseball stadium in Buffalo, New York.

• George Washington University Law School, JD
• Colgate University, BA, Cum Laude

Admitted to Practice

• New York
• District of Columbia

Court Admissions

• US Court of Appeals for the Second Circuit
• US District Court for the Eastern District of New York
• US District Court for the Northern District of New York
• US District Court for the Southern District of New York
• US District Court for the Western District of New York

• The Best Lawyers in America®: Eminent Domain and Condemnation Law, 2012–2027
• Selected to Super Lawyers Upstate New York: Eminent Domain, 2015–2026
• Buffalo Business First, Legal Elite of Western New York, 2015–2016, 2018
• Who’s Who in Law: Litigation, Second Edition
• Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability