I take a practical approach and prefer to go into each project with a sense of flexibility. It’s imperative that I listen carefully to my clients so I can tailor my advice and guidance to meet their goals. My experience as a litigator married with my strong writing skills and insight as an eminent domain and land use lawyer give me the ability to articulate positions clearly and persuasively, which my clients appreciate.
Focusing his practice on eminent domain matters, litigator Michael “Mike” Bauscher advises municipalities and public-benefit corporations that are using condemnation law to acquire interests in real property, guiding them in the planning process for acquisition of properties by eminent domain, the public hearing process, the commencement of acquisition proceedings, and defending against legal challenges to decisions to acquire properties.
With significant experience in proceedings to determine the fair market value of properties taken by eminent domain, Mike is an integral part of trial teams for these types of valuation proceedings. To prepare for these disputes, he works closely with appraisers and other experts such as engineers, construction cost estimators, environmental consultants, and architects.
A stellar writer and drafter, Mike has prepared many appellate briefs in connection with condemnation matters and has argued before appellate courts including the Second Circuit Court of Appeals and the New York State Appellate Division. Additionally, he has successfully defended condemning authorities against federal constitutional challenges.
Mike’s trial record encompasses issues related to zoning, economic and physical feasibility, highest and best use determinations, and comparable sale analysis. He also has significant experience with judgment enforcement practices in New York state courts and the preparation and filing of public and private mechanic’s liens pursuant to the New York lien law.
Mike enjoys helping municipalities strategically plan and sensibly implement their projects involving condemnation and eminent domain and finds it gratifying to be directly involved with advancing development projects intended to better the public good by making a positive impact on communities. He also appreciates the intellectually stimulating aspects of participating in the appraisal process and working with appraisers to review and refine their work. In all property valuations, Mike diligently helps balance the need to compensate owners fairly while ensuring that the municipality is a strong fiduciary for taxpayer dollars and pays a just price for the real estate.
In the land use and real estate arena, Mike advises property owners, developers and other construction industry entities in a range of matters. His practice centers on the New York City area and includes representations of clients before local municipal boards in Westchester County, as well as the New York City Board of Standards and Appeals. Mike also has a particular interest in and penchant for helping clients and prospective clients take advantage of the wide and diverse spectrum of legal services that the firm offers by connecting them with the lawyers who are the best fit to help them resolve their particular issues.
Beyond his work relating to eminent domain and land use, Mike advocates in both state and federal courts in complex civil litigation matters and advises corporate clients on transactional matters and federal regulatory affairs, including issues related to off-label marketing and other FDA regulations, the Physician Payments Sunshine Act, and anti-kickback statutes. He also conducts internal investigations and works on all phases of commercial litigation cases and appeals.