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Eric Von Salzen's practice over the past 40 years has focused primarily on real estate matters in the Washington, DC region, particularly government regulation of real estate transactions and real estate-related litigation. He counsels and represents clients with respect to District of Columbia tenant purchase rights laws; commercial landlord-tenant disputes and leases; condominiums and cooperatives, including conversions, warranties, and governance; eminent domain and inverse condemnation ("takings"), as well as other disputes regarding real estate property valuation; rent control; arbitration (both as an arbitrator and as counsel); and appellate advocacy.
Among the reported cases in which Mr. Von Salzen was counsel are the following. In Columbia Plaza Tenants' Ass'n v. Columbia Plaza Ltd. Partnership, 869 A.2d 329 (D.C.,2005), Mr. Von Salzen defended the owner of a large apartment complex against a tenant purchase rights suit. The plaintiff tenant association claimed that an agreement between the landlord and a nearby university regarding apartment rented to university students constituted a "master lease" under the D.C. Tenant Opportunity to Purchase Act; entering into a "master lease" would trigger an obligation by the landlord to offer to sell the apartment complex to the tenants. The D. C. Court of Appeals rejected the tenant association's argument and agreed with the landlord that the agreement was not a "master lease". In reaching its conclusion, the Court relied in substantial part on its earlier decision in West End Tenants Ass'n v. George Washington University, 640 A. 2d 718 (D.C. 1994), in which Mr. Von Salzen had also been counsel.
In Richmond, Fredericksburg & Potomac R. Co. v. Metropolitan Washington Airports Authority, 251 Va. 201, 468 S.E.2d 90 (1996), Mr. Von Salzen represented the operator of Washington Reagan National Airport in a suit by a nearby landowner, which claimed that airport operations caused a "taking" of its property.
The Virginia Supreme Court held that the Airports Authority did not interfere improperly with the use of the property and its actions did not amount to a taking.
In Carter v. Cathedral Ave. Co-op., Inc., 566 A.2d 716 (D.C.,1989), Mr. Von Salzen obtained a ruling from the D. C. Court of Appeals that a dispute over whether a timely demand for arbitration had been made in accordance with an arbitration clause must itself be decided by arbitrators and not by a trial court.
In addition to real estate, Mr. Von Salzen has substantial experience in matters involving the government regulation of railroads, starting with his representation of the U. S. Railway Association (a federal government agency) in the 1970's. See Matter of Valuation Proceedings, 445 F. Supp. 994 (Spec. Ct. 1977). Since then, he has represented large and small railroads, rail holding companies, Amtrak, community groups, and shippers in contested cases and rule-making proceedings before the Interstate Commerce Commission and its successor the Surface Transportation Board. He has also served as transportation counsel to a national trade association.
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