David Smolker 


Mr. Smolker is a versatile, 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, eminent domain and inverse condemnation including regulatory takings. He also is experienced in real estate and development law. Mr. Smolker’s 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 served as General Counsel to New College of Florida from 2001-2004 and 2008-2013. He regularly writes and lectures on a wide variety of land use, environmental law and property rights topics. Before becoming a lawyer, Mr. Smolker was a City Planner and co-authored the City of Bradenton Comprehensive Plan of 1979.


University of Florida College of Law, J.D., 1982

New College of Florida, B.A., 1977


Bar + Court Admissions


U.S. District Court, Middle District of Florida

U.S. Court of Appeals, 11th Circuit

U.S. Supreme Court


Awards + Recognitions

Florida Trend Magazine’s 2010 Legal Elite (2010-2013).

Tampa Bay’s Top Lawyers 2010 by Tampa Bay Magazine.

Florida Super Lawyers (2010-2013).

Top Attorneys in Florida (Wall Street Journal and Miami Magazine).

First Prize, University of Florida Nathan Burkan Memorial Copyright Law

Competition, “Direct Broadcast Satellites and Copyright Law,” 1982
University of Florida Law Review


Professional + Community Involvement 

New College of Florida, Land Use and Environmental Law, Adjunct Professor (2001, 2007)

Board of Directors of New College Alumnae Association, Member and Past President (1990-1995)

Board of Directors of Academy of the Lakes Educational Foundation, Member (1995)

Board of Directors of Harbor Behavioral Health Care Institute, Member and President (1992-1994)

Board of Directors and President, Lake Padgett Estates East Property Owners Association, Member (1984-1986)

Board of Directors, Andalucia Master Association, (2008-present) (Treasurer, 2010-present)

Pasco County Zoning Revision Committee (1989)

Hillsborough County Development Agreement Task Force (1990)

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

The Florida Bar, Property Rights Subcommittee of Real Property and Probate Section; Trial Lawyers Section

Hillsborough County Bar Association

National Association of Homebuilders LANDS Committee

American Bar Association, Section on State and Local Government Law,

Committee on Land Use, Zoning, and Eminent Domain

Urban Land Institute


Publications + Speeches

David Smolker and Jennifer Husmann, Challenges To Comprehensive Plan Amendments, and Development Orders: Winning Litigation Strategies (2008, 2009, 2010) CLE INT’L

David Smolker and Michael Rocha, Drainage Rights and Remedies, Hillsb. Co. Fla. Bar Ass’n J. (Jan. 2008, Feb. 2008)

David Smolker, Development Exactions: The New Old Frontier (2007) CLE INT’L

David Smolker, Regulatory Takings, Growth Management and Environmental Permitting: Florida Chamber of Commerce (2003, 2004, 2005, 2006, 2010)

David Smolker, Kelo v City of New London, Growth Management and Environmental Permitting: Florida Chamber of Commerce (2006)

David Smolker, Litigating Land Use Vested Rights Claims, (2004, 2006) CLE INT’L

David Smolker and Michael Brooks, Damages for Interference with Property Interests by Development Moratoria, 1998 NAT’L. BUS. INST

David Smolker, Advising A Client Prior To Condemnation (2001) CLE INT’L
David Smolker, Ethical Considerations in Land Use and Eminent Domain Law (2001) CLE INT’L

David Smolker, 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

David Smolker, 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.

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

David Smolker, 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, 1994 FLA B. PUB. EMINENT DOMAIN COMMITTEE

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

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