David Amerikaner is a member of Duane Morris’ Real Estate Practice Group and focuses his practice on eminent domain, land use, project development, environmental, sustainability and other real estate matters.
Mr. Amerikaner handles eminent domain matters for utilities, transportation agencies and railroads seeking to condemn private properties for public use. He also represents private property owners whose properties have been condemned or are under threat of condemnation. He also represents private property owners in tax assessment appeals.
Mr. Amerikaner also advises developers, energy companies and other large users of land through the process of obtaining permits and approvals to develop their land. This practice includes representation before local and state planning commissions, boards, councils, agencies and other decisionmakers, as well as outreach to and negotiation with project opponents. Mr. Amerikaner’s experience spans several states and local jurisdictions, including Pennsylvania, New Jersey and California. He also handles litigation matters that arise from land development.
Mr. Amerikaner also counsels clients through the administrative hearing process in jurisdictions including Pennsylvania and New Jersey, including representation in hearings conducted by administrative law judges. He also handles environmental remediation matters.
Mr. Amerikaner regularly counsels private equity firms, banks, sovereign wealth funds and other entities on the environmental aspects of corporate transactions, and he has experience in negotiating and closing real estate transactions on behalf of a variety of types of clients.
Mr. Amerikaner also practices in the field of environmental commodities, including advising clients on the generation and trading of carbon credits and various types of mitigation credits. He also counsels clients on reducing their carbon footprints and complying with environmental mitigation requirements, on both voluntary and mandatory bases.
In addition, Mr. Amerikaner maintains a robust pro bono practice, including work on behalf of disadvantaged individuals related to land use, government approvals, real estate transactions and immigration.
Mr. Amerikaner is admitted to practice in Pennsylvania, New York and New Jersey. He is a former advisory board member of the Trust for Public Land New York State Chapter, and is active in fundraising and team building for the Juvenile Diabetes Research Foundation. Mr. Amerikaner is a graduate of the University of Pennsylvania Law School and Harvard University, and also received a master’s degree in Education Leadership from Teachers College at Columbia University.
Areas of Practice
Real Estate Law
Served as lead eminent domain counsel in Eastern Pennsylvania for development of the Mariner East 2 pipeline project, a 350-mile natural gas liquids pipeline carrying product from the shale fields of Western Pennsylvania, West Virginia, and Ohio to the Marcus Hook complex in Eastern Pennsylvania and Delaware.
- Represents several leading outdoor advertising companies in condemnation proceedings to defend against government takings and to maximize compensation when takings occur.
Represents a large public utility transportation company in condemnation of a facility in the northeast for public use.
- Represented a water utility in Pennsylvania in the successful acquisition by condemnation of a parcel of land for a new water treatment facility.
Represented a large landowner in litigation to defend against condemnation by state government for a planned high speed rail line.
Represents a regional transportation authority in the northeast in several eminent domain matters to acquire properties for the expansion of public transportation facilities.
- Represents a subsidiary of a petrochemical conglomerate in defense of an attempt by a local improvement authority to condemn property for construction of a road serving a new warehouse development.
Represented Hudson Valley Property Group, a leading national affordable housing preservation company, in obtaining use variance approvals and site plan approval from the Camden, New Jersey Zoning Board of Adjustment, for purchase and renovation of the landmark Northgate 1 apartment complex, a high-rise residential building with ground-floor commercial tenants hailed as the pinnacle of urban renewal when built in the 1960s but since fallen into disrepair; client will invest $35 million to renovate and modernize the building and improve security, while maintaining its status as a HUD-controlled asset providing affordable housing.
Represented Roundwood Capital, LLC, a private equity firm, as lead counsel in the sale and leaseback of industrial property in Pennsylvania.
Represented Consolidated Rail Corporation, a publicly-owned American railroad company, as lead counsel in negotiations with Amtrak regarding real estate issues pertaining to the construction of the Point-No-Point bridge linking Essex and Hudson Counties across the Passaic River in Northern New Jersey.
- Represented several businesses with operations in Camden, New Jersey to obtain land use entitlements for expansions of operations and acquisitions and consolidations of parcels.
Represented Century City Realty, LLC on entitlements and approvals under CEQA and municipal law for development of either a 37-story office complex or a 483-unit residential project in the Century City area of Los Angeles.
Represented a major Hollywood studio on entitlements and approvals under CEQA and municipal law for an expansion and modernization of its studio campus in Los Angeles.
Represented a major shopping center developer on entitlements and approvals under CEQA and municipal law for a new shopping and entertainment complex in the San Fernando Valley area of Los Angeles.
Represented a leading outdoor advertising company on local and state permits and approvals to install and maintain billboards, as well as assorted related real estate matters.
Represented The Newhall Land and Farming Company on entitlements and approvals under the California Environmental Quality Act (CEQA) and other federal, state and municipal laws for its planned $13 billion, 10,000 acre mixed use Newhall Ranch development in Northern Los Angeles County.
Represented a regional health care company on entitlements and approvals under CEQA and municipal law, including a specific plan and environmental review, for its 1 million square foot medical campus expansion.
Represented Fultra, a Mexico-based provider of motor transportation equipment and parts in North America and parent company of Fruehauf, in its acquisition of East Manufacturing, an aluminum trailer maker.
Represented a sovereign wealth fund on formation of a joint venture and acquisition of environmentally impacted development property in the United States.
Represented a residential housing developer on its acquisition by Lennar Corporation.
Represented an entertainment and hospitality company on a bid to develop a new casino property in the northeastern U.S.
Represented a leading private equity fund on the acquisition of a dental products manufacturing company.
Represented a large private equity fund on the acquisition of a packaging machinery manufacturing company.
Represented a global investment firm on the acquisition of a 50% interest in an oil pipeline located in the Central U.S.
Represented a leading private equity fund in the agricultural and food space in its acquisition of several portfolio companies in the agricultural and food production industries, in deals totaling hundreds of millions of dollars.
Represented a subsidiary of a global private equity firm on the acquisition of a provider of sustainable management solutions for industrial and desalination applications.
Represented a major private equity fund in the chemicals space on the acquisition of several portfolio companies in the chemicals manufacturing industry.
Represented The Newhall Land and Farming Company on direct investments in offsite greenhouse gas reduction programs, including the purchase of a forest property in Northern California and planned carbon sequestration and credit generation.
Represented a power transmission company on applications for rights of way to transport electricity from new renewable energy installations to the electrical grid.
Represented the Restore the Earth Foundation on the formation of an impact fund to restore and reforest degraded agricultural land in the Mississippi River Valley, and on partnerships with corporations interested in funding their work and/or reaping financial benefits from the generation and sale of environmental commodities.
Represented a major renewable energy developer on the development, financing, and sale of solar and wind energy projects in the United States.
Represented a large renewable energy project company on the investment in and divestment from various renewable energy projects in the United States.
- Defending a privately owned airport against claims by state agency and neighboring property owners related to PFAS contamination of soil, groundwater and drinking water.
- Advising wastewater treatment plant client concerning inquiries from state agency related to PFAS.
Represented a large, publicly traded energy infrastructure company on litigation challenging its permits, approvals and business practices, as well as eminent domain matters, in connection with a significant energy transportation project in the Northeast.
Represented a leading automobile manufacturer regarding air emissions regulations and fire code compliance across more than 20 U.S. states and municipalities in connection with a series of product recalls and service campaigns.
Represented Century City Realty, LLC in litigation to defend land use entitlements from challenges under state and municipal law, and negotiation of settlement agreements with project opponents.
Land Use and Project Development
Renewable Energy and Environmental Commodities
Litigation and Regulatory
- New York
- New Jersey
- University of Pennsylvania Carey Law School, J.D., cum laude, 2010
- Columbia University - Teachers College, M.A., 2006
- Harvard University, A.B., 2001
Duane Morris LLP
- Partner, 2024-present
- Special Counsel, 2019-2023
Latham & Watkins
- Associate, 2010-2019
Honors and Awards
- Listed in The Best Lawyers in America, 2024
- Author, "Contractors Must Prepare for Impending Green Building Mandates," Construction Executive, September 20, 2022
- Author, "ESG Bona Fides Are in Demand in Construction," Commercial Construction & Renovation, June 11, 2022
- Author, "Emphasizing the ‘E’ in ESG," Commercial Property Executive, November 8, 2021
- Co-author, "Cutting Carbon, Saving Dollars? Philadelphia Adopts Building Energy Efficiency Tuneup Requirement," Pratt's Energy Law Report, April 2020
- Co-author, "Pipeline Developers Beware: Third Circuit Disallows Eminent Domain Over State Lands Under Natural Gas Act," Pratt's Energy Law Report, January 2020
- Co-author, "Cutting Carbon, Saving Dollars? Philadelphia Adopts Building Energy Efficiency Tuneup Requirement," Duane Morris Alert, December 12, 2019
Co-author, "Pipeline Developers Beware: Third Circuit Disallows Eminent Domain Over State Lands Under Natural Gas Act," Duane Morris Alert, September 25, 2019
- Quoted, "CRE Heavily Focused on Climate and Property Resilience," GlobeSt, June 29, 2022
- Quoted, "Why ESG Initiatives Can Be a Double-edged Sword for Home Builders," Builder, May 2, 2022
- Podcast Guest, “Exploring the ‘E’ in ESG with David Amerikaner of Duane Morris Real Estate Practice Group,” Commercial Investment Real Estate Podcast, February 28, 2022
Selected Speaking Engagements
- Speaker, "Unveiling Legacy Success: Fireside Chat with Ken Fisher of Fisher Brothers," iGlobal Forum Investor Insight Breakfast: Real Estate Titans & Capital Connections, New York Cuty, December 12, 2023
- Moderator, "CRE Carbon Reduction Mandates in U.S. Cities: The Current and Future Landscape," iGlobal Forum Webinar, November 30, 2023
- Moderator, “The Economics of Flooding: Assessing the Costs and Benefits of Climate Adaptation and Resiliency,” Sustainability Investment Leadership Council (SILC), New York, New York, November 8, 2023
- Speaker, Opening Remarks at the iGlobal Global Leaders in Real Estate Forum, October 10, 2023
- Moderator, "Inflation Reduction Act and its Impact on Commercial Real Estate Investment and Development," iGlobal Forum Webinar, October 27, 2022
- Moderator, "Local Law 97 in New York City: First Steps Toward Compliance and Energy Efficiency," Duane Morris LLP, Webinar, July 20, 2021
- Moderator, "The Biden Infrastructure Plan and Its Impact on the U.S. Real Estate Industry: Seizing Opportunities, Navigating Risk," iGlobal Live, June 15, 2021
- Moderator, "Local Law 97 in New York City: Energy Conservation Requirements That Open Opportunities," Duane Morris LLP, Webinar, April 20, 2021
- Moderator, "NYC Climate Mobilization Act: A Spotlight on Local Law 97," Sustainability Investment Leadership Council, New York, February 20, 2020
- Discussion Leader, “Sustainable Infrastructure and Transportation,” Sustainability Investment Leadership Conference Event, New York, NY, August 20, 2019
- Moderator, “Risk Hidden in Plain Sight: Exploring and Understanding the Corporate Supply Chain,” Sustainability Investment Leadership Conference, New York, NY, May 9, 2019
- Legal Commentator, “Can CEO’s Avoid Politics? Should They?” Sustainability Investment Leadership Conference, New York, NY, May 9, 2019
- Legal Commentator, “Next Generation Sustainability Leadership,” Sustainability Investment Leadership Conference, New York, NY, May 9, 2019
- Legal Commentator, “Impact Investing: Measuring Return and Impact,” Sustainability Investment Leadership Conference, New York, NY, May 9, 2019