Counsel, Real Estate

Salary: $123,579.95 Annually

Location : 10 Park Plaza, Boston

Job Type: Full-Time

Job Number: 23-19648

Department: MBTA – Law / Legal

Area: 721-Legal

Opening Date: 09/05/2023

Closing Date: 9/19/2023 11:59 PM Eastern

Union Affiliation: STW Steelworkers

Safety Sensitive: This is not a Safety Sensitive Position.

Essential Classification: This is a non-essential classification.

At the MBTA, we envision a thriving region enabled by a best-in-class transit system. Our mission is to serve the public by providing safe, reliable, and accessible transportation. MBTA’s core values are built around safety, service, equity, and sustainability and each employee that works for the MBTA performs their roles based on our vision, mission, and values. This includes attendance, participation, and contribution in local safety committee meetings as needed.
Job Summary
At the MBTA, we envision a thriving region enabled by a best-in-class transit system. Our mission is to serve the public by providing safe, reliable, and accessible transportation. MBTA’s core values are built around safety, service, equity, and sustainability and each employee that works for the MBTA performs their roles based on our vision, mission, and values. This includes attendance, participation, and contribution in local safety committee meetings as needed.

The position of Counsel, Real Estate (Assistant General Counsel IV) will provide advice and counsel on behalf of the General Counsel’s Office on matters related to MBTA and MassDOT real estate, including, but not limited to, the acquisition and disposition of real property interests, review of titles, procurement, and eminent domain acquisitions.
Duties & Responsibilities

• Draft, negotiate and finalize real estate legal documents in connection with the acquisition, disposition and use of MBTA real property, including memoranda of agreements, requests for proposals, purchase and sale agreements, deeds, orders of taking, easements, leases, licenses, permits, and development agreements.
• Provide legal advice, support, and oversight in connection with MBTA’s acquisition of real estate interests for the Capital Program, including rail, transit, bus, and development projects.
• Provide legal advice and support and work in collaboration with MBTA right-of- way agents in connection with eminent domain acquisitions and relocations.
• Provide legal advice and support and work in collaboration with Office Real Estate and Asset Development on transit-oriented developments.
• Ensure compliance with applicable federal, state, and local laws and regulations, and MBTA policies and procedures.
• Interpret court decisions and opinions, statutes, rules, and regulations applicable to the MBTA.
• Respond to inquiries via telephone, correspondence or in person, in a courteous and professional manner.
• Perform all other duties and projects that may be assigned.

Additional responsibilities may include focus on one or more departments or locations. See applicable addendum for department or location specific functions.

Physical Demands and Working Conditions

• The physical demands and work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Available to work all shifts and locations as assigned or directed.
• Available to work as per assignment by the MBTA twenty-four (24) hours per day, seven (7) days per week as directed by supervisory staff for severe weather conditions, emergencies or any other circumstances that may potentially impact service or the safety of service
• Have the ability to work any and all shifts and/or locations assigned or directed.

Job Conditions

• Adhere to rules, regulations, collective bargaining agreements (if applicable) and policies of the MBTA including the EEO, anti-discrimination, anti-harassment, and anti-retaliation policies.
• Ability to pass a Criminal Offender Record Information (CORI) check, background screening, and the MBTA’s medical requirements, including a physical examination and drug and alcohol screening.
• Have a satisfactory work record for the two (2) years immediately prior to the closing date of this posting, including overall employment, job performance, discipline, and safety records (infractions and/or offenses occurring after the closing of the posting and before the filling of a vacancy may preclude a candidate from consideration for selection).

The above statements are intended to describe the general nature and complexity of the work being performed by staff assigned to this job, and do not represent an exhaustive list of all duties, tasks, and responsibilities required of staff assigned to this position.
Minimum Requirements & Qualifications

• Juris Doctorate Degree from an accredited institution.
• Membership in good standing of the Massachusetts Bar, or membership in good standing in another US jurisdiction with the ability to be licensed in Massachusetts if selected.
• Five (5) years of experience as a practicing attorney, including substantial experience in real estate law.
• Ability to manage and prioritize a high-volume workload.
• Ability to manage multiple stakeholders in a fast-paced work environment.
• Excellent communication skills.
• Proven problem-solving skills and sound judgment.
• Effective organizational, analytical and confidentiality skills.
• The ability to use Word, Excel, or Database applications.

Substitutions Include
Substitutions Include:n/a
Preferences Include:n/a

Job Conditions:

• Ability to effectively read, comprehend, communicate, and respond to instructions, orders, signs, notices, inquiries, etc. in English
• Ability to provide internal and external customers with courteous and professional experiences
• Ability to work effectively independently and as part of a team (or supervise, if required)
• Ability to uphold the rights and interests of the MBTA while building and maintaining effective relationships with employees and co-workers
• Ability to adhere to rules, regulations, collective bargaining agreements (if applicable), and policies of the MBTA, including the EEO, anti-discrimination, anti-harassment, and anti-retaliation policies
• Have a satisfactory work record for the two (2) years immediately prior to the closing date of this posting (unless if recent graduate), including overall employment, job performance, discipline, and safety records (infractions and/or offenses occurring after the closing of the posting and before the filling of a vacancy may preclude a candidate from consideration for selection)
• Ability to pass a Criminal Offender Record Information (CORI) check, comprehensive background screening, and medical Clinic screening, potentially including a physical examination and drug and alcohol screenings
• Ability to work all shifts and / or locations assigned, directed, or necessary for this position, including (for some transit / operations roles) up to twenty-four (24) hours per day, seven (7) days per week as necessary to accommodate severe weather conditions, emergencies, or any other circumstances that may potentially impact service or the safety of service

Disclaimers and Definitions:

1. General Disclaimer: The statements contained in this job description are intended to describe a summary, general nature, and complexity of typical job functions and do not represent an exhaustive list of all duties, tasks, and responsibilities required of staff assigned to this position.
2. Work Environment: The physical demands and work environment characteristics described here-in are representative of those an employee may encounter while performing the essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform essential functions. See job description for role-specific requirements.
3. Work Eligibility: Although the MBTA is an all employees must be legally authorized to work in the United States for any employer and on an unrestricted basis (the MBTA does not sponsor non-US citizens). However, if you have an unrestricted work authorization, or sponsored by a separate entity, you are welcome to apply for open positions. International students taking part in CPT / STEM / OPT programs through a university are eligible for internships and co-ops with the MBTA. In compliance with federal law, all persons hired will be required to complete a Form I-9 to verify their identity and eligibility to work in the U.S.
4. Safety Sensitive Positions: Employees working in this classification will be subject to periodic physical examinations plus random drug and alcohol testing.
5. On-call or 24/7 Positions: Employees working in this classification must be available to respond to page / text / call and report to work as determined by assigned department or the Authority.
6. Essential / Emergency Staff: During declared “states of emergency,” employees working in this classification are required to report to work for their assigned work hours or as directed by management.
7. ADA Accommodations: The MBTA makes reasonable accommodations for applicants with disabilities. If you require an accommodation during this process, please contact the MBTA’s ADA Unit at 617-222-5751 or
8. Diversity, Equity, and Inclusion: The MBTA is an For terms, descriptions, and definitions related to diversity, equity, inclusion, veteran status, and immediate family members that you may find on the application form, please visit

Employment Benefits at the MBTA

The MBTA offers comprehensive benefits packages to employees. Types of benefits offered at the MBTA are subject to the union affiliation / Collective Bargaining Agreement (CBA) of the position to which you apply. Benefits that may apply to your position include the following:

• Insurance: Health, Dental, Vision, Life (basic and supplemental), Long-Term Disability
• Paid Time Off (PTO): Vacation, Personal Days, Sick Leave, Paid Holidays
• Retirement: pension or deferred compensation 401(a), plus MBTA contributions
• Tuition Reimbursement (up to $10,000 per year)
• Public Service Loan Forgiveness (PSLF) for student loans
• Commuter Choice Parking Program: pre-tax benefits for parking
• Flexible Spending Account (FSA): pre-tax benefits for healthcare-related expenses
• Discounted tickets for concerts, movies, travel / vacation, etc. via TicketsAtWork.com
• Shopping discounts via GovX.com
• Verizon and AT&T service discounts
• And more…

The above information is meant to be a general overview of the benefit programs offered by the MBTA. This summary is not a contract andis not meant to change the provisions of union contracts or Authority policy and does not establish a binding past practice.

The MBTA is an Affirmative Action/Equal Opportunity Employer

01

What is the highest level of education you have completed?

• I did not attain a high school diploma or equivalent.
• High School Diploma or Equivalent
• Associate’s Degree
• Bachelor’s Degree
• Master’s Degree or higher

02

If you have a college degree, what was your field of study?

• I do not have a college degree
• Business degree
• Engineering degree
• Construction Management
• Urban Studies
• Project Management
• Other

03

Do you have a Juris Doctorate Degree from an accredited institution AND five (5) years of experience as a practicing attorney, including substantial experience in real estate law?

• Yes
• No

04

Based on your last answer, please describe the specific experience from your work history that led you to select that answer.

05

Do you have a membership in good standing of the Massachusetts Bar, or membership in good standing in another US jurisdiction with the ability to be licensed in Massachusetts if selected?

• Yes
• No

06

Based on your last answer, please describe the specific experience from your work history that led you to select that answer.

Required Question