Professional Biography
Prior to forming Smith|Hartvigsen,PLLC, in 2002, Mr.
Smith practiced with Nielsen and Senior and Wheatley and
Ranquist of Salt Lake City. He is also a former
assistant city attorney for Park City (1984 to 1988). He has
more than 20 years of experience as an attorney in which he
has successfully handled a number of complex water disputes,
land use and takings claims. Mr. Smith has represented
public and private parties in takings claims arising from
land use decisions, represented numerous water users in
successful settlement of instream flow claims on the San
Rafael River, and won appeals for municipalities and water
entities before the Utah and New Mexico Supreme Courts.
His most notable projects include securing the water rights
for Duchesne City through an act of Congress, successfully
entitling and securing water rights for a
multimillion-dollar resort in Kane County, and creating the
first municipal natural gas utility in Utah.
Mr. Smith also served as Law Clerk for the Hon. J. Robert
Bullock, Fourth District Utah, 1983-1984 and was the
Assistant City Attorney, Park City Utah, 1984-1988.
Practice Areas
Water Law & Litigation
Land Use Law & Litigation
Redevelopment Law
Eminent Domain & Takings
Professional Memberships
Admitted to the following:
American Bar Association
2002 District of Columbia Circuit
2000 United States Supreme Court
1990 District of Columbia
1989 U.S. Claims Court
1983 Utah State Bar (Member, Sections on: Urban,
State and Local
Government
Law; Natural Resources; Litigation)
Awards and Distinctions
2008 Utah Business Magazine, Utah Legal Elite,
Energy and Natural Resources
2004 Utah Business Magazine, Utah Legal Elite,
Mr. Smith received one
of the first honors when
the Legal Elite was launched in 2004
2004 Lawyer of the Year, Utah State Bar, Energy,
Natural Resources &
Environmental Law
2000 Chair, Utah State Bar, Energy, Natural
Resources & Environmental Law
AV Rating, Martindale Hubbell
Publications
"Basic Utah Water Law," Utah Bar Journal, Volume 7, Number
2, February 1994;
"Ethics and the Government Lawyer," Utah Bar Journal, Volume
6, Number 2,
February 1993;
"Local Government Regulation and Bankruptcy: To Stay or Not
to Stay," Urban
Lawyer 151-176, Volume 21, Number 1, Winter,
1989;
"Bankruptcy and Development Regulations," Urban Land, April
1981
Education
Juris Doctorate, cum laude,
Brigham Young University, 1983
Bachelor of Arts, magna cum laude, Brigham Young University,
1980
Associates Degree, College of Eastern Utah, with high
honors, 1978
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