Bricklemyer Smolker & Bolves, p.a.

“Property rights. Every American citizen values these rights and regards their protection as a basic premise upon which our constitutional democracy is founded.”

David Smolker

Email: DavidS@bsbfirm.com

EDUCATION:

J.D., University of Florida College of Law, 1982
First Prize, 1982 University of Florida Nathan Burkan Memorial Competition for meritorious paper on subject of copyright law, "Direct Broadcast Satellites and Copyright Law"
University of Florida Law Review
Council of Ten
Research Assistant to Professor Stephen Rubin
Research Assistant, Center for Government Responsibility, Gainesville Florida
B.A., New College of University of South Florida, 1977
J.S. Noyes Foundation Fellow

EXPERIENCE:

Bricklemyer Smolker & Bolves, P.A. (formerly Blain Bricklemyer & Smolker, P.A.) Founding Shareholder

Honigman Miller Schwartz & Cohn, Partner

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Associate; Partner

Chief Assistant County Attorney for Pasco County, Florida

City Planner for City of Bradenton, Florida

Mr. Smolker is a versatile, highly regarded property rights lawyer whose practice encompasses local administrative, civil trial and appellate practice in the areas of land use and zoning, comprehensive planning, environmental permitting, water, wetlands, submerged land claims, eminent domain, inverse condemnation including regulatory taking, property rights and title issues. He also is experienced in real estate and development law. His clients include private landowners, local and national developers, and government agencies. He has served as special counsel to government agencies including Pasco County, Florida, Charlotte County, Florida, and the Southwest Florida Water Management District. He also serves as General Councel to New College of Florida.

Before becoming a lawyer, Mr. Smolker was a City Planner. Ho co-authored the City of Bradenton Comprehensive Plan of 1979.

Mr. Smolker is "AV" rated by Martindale Hubbell and is a frequent author and lecturer on property rights, eminent domain, inverse condemnation, regulatory takings, land use planning, remedies in land use and environmental cases, vehicular access rights, impact fees, concurrency, vested rights, Developments of Regional Impact and water and wetland issues.

ORGANIZATIONS/ACTIVITIES:

Member and Past President, Board of Directors of New College Alumnae/I Association

Member, Board of Directors of Academy of the Lakes Educational Foundation

Ex Officio Member, Board of Trustees of New College Foundation

Member and President, Board of Directors of Harbor Behavioral Health Care Institute

Member and President, Lake Padgett Estates East Property Owners Association

Pasco County Zoning Revision Committee

Hillsborough County Development Agreement Task Force

The Florida Bar, Land Use and Environmental Law Section, Eminent Domain Committee; Local Government Law Section; Administrative Law Section

Hillsborough County Bar Association, Environmental Law Committee

National Association of Homebuilders LANDS Committee

American Bar Association, Section on State and Local Government Law; Committee on Land Use, Zoning and Eminent Domain

PUBLISHED WORKS:

Regulatory Takings, Growth Management and Environmental Permitting: Florida Chamber of Commerce (2003)

David Smolker, Damages for Interference with Property Interests by Development Moratoria: National business Institute (1998)

Apportionment of Condemnation Award, 1994 FLA B. PUB. EMINENT DOMAIN COMMITTEE

Keith W. Bricklemyer and David Smolker, Inverse Condemnation, Current Condemnation Law: Takings, Compensation & Benefits, 1994 A.B.A. SEC. PUB. REAL PROP. PROB. & TRUST L. 54

Landowner Remedies in Land Use Cases in Florida, Environmental and Land Use Litigation: A Practical Update, 1993 FLA. B. SEC. PUB. LAND USE & ENVTL. L.

Land Use and Comprehensive Planning Update, Governmental Regulation of Land Use Seminar, 1993 FLA. B. SEC. PUB. LAND USE & ENVTL. L.

Florida's Top Down Planning Process, Major Land Use Laws in Florida, 1992 NAT'L. BUS. INST.

Remedies in Land Use and Environmental Cases in Florida , Major Land Use Laws in Florida, 1992 NAT'L. BUS. INST.

David Smolker & Kevin Gilhool, Roadway Access Rights: What is Reasonable Access, 1990 A.B.A. SEC. PUB. REAL PROP. & TRUST L. 54

David Smolker & Ronald L. Weaver, Implementing and Coping with Concurrency: The Legal Framework and Emerging Constitutional Issues, 64 FLA. B. J. 47 (May 1990)