Herbert S. Klein

Phone: 970-925-8701 | Email

Areas of Practice

  • Real Estate Transactions
  • Resort Development
  • Land Use
  • Zoning and Subdivision

Bar Admissions

Colorado

Hawaii

Education

The George Washington University Law School, J.D., cum laude, 1974

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

Vagneur v. City of Aspen, 295 P.3d 493 (CO 2013)

Professional Associations and Memberships

Aspen/Pitkin County Clean Air Advisory Board, Former Chairman

Pitkin County and Colorado Bar Associations, Member

Hawaii State Bar Association

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, allowing the landowner to obtain the economic benefits of development while preserving agricultural operations and the character of rural land. He has also 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, as well as success in litigating land use and real estate disputes against governmental entities and private parties. His practice is statewide in Colorado, with clients 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.

 

In 2024, Herb Klein was selected by Pitkin County (the owner of the Pitkin County Airport), to represent it in negotiating a thirty-year lease for the FBO serving the private aircraft users at the airport.  Through Herb’s efforts, the county will realize over one-billion dollars in rents and public improvements.