Herbert S. Klein
- Member
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Herbert S. Klein is an experienced real estate and land use attorney based in Aspen, Colorado. Since beginning his practice in 1974, he has successfully represented clients in obtaining development entitlements in some of the most regulated jurisdictions in the nation. Herb formulated what is now recognized as a model for the development of agricultural land that allows the landowner to obtain the economic benefits of development while preserving agricultural operations and the character of rural land, which also has been instrumental in creating and successfully negotiating flexible land use controls for newly developed urban communities. His real estate practice includes all aspects of a transaction, including entity formation, financing, property acquisition, entitlements, construction contracts, leasing, sales and related litigation.
Herb also has substantial experience with conservation easements and property tax disputes in both urban and rural areas. Herb has had success in litigating land use and real estate disputes against governmental entities and private parties. His practice is statewide in Colorado, with clients served from the Denver metropolitan area to Telluride in the far southwestern corner of the state. In addition to being licensed in Colorado, Herb is licensed to practice in the State of Hawaii, where the firm also maintains an office.
Areas of Practice
- Real Estate Transactions
- Resort Development
- Land Use
- Zoning & Subdivision
Litigation Percentage
- 25% of Practice Devoted to Litigation
Bar Admissions
- Colorado, 1974
- U.S. District Court District of Colorado, 1974
- U.S. District Court District of Hawaii
- Hawaii
Education
- The George Washington University Law School, Washington, District of Columbia
- J.D. - 1974
- Honors: cum laude
- American University
- B.S. - 1970
Representative Cases
- Town of Telluride v. Lot Thirty-Four Ventures, 3 P.3d 30, 2000, Colo.
- Cooper v. Aspen Skiing Co., 48 P.3d 1229, 2002, Colo.
- Snowmass Land Co. V. Two Creeks, Court of Appeals No. 05CA0024, 2006, Colo.App. 7-13
Professional Associations and Memberships
- Aspen/Pitkin County Clean Air Advisory Board, Former Chairman
- Pitkin County and Colorado Bar Associations, Member