Those of us in the real estate practice—and particularly in areas concerning real estate valuation such as eminent domain and property tax appeals—are obviously quite concerned about the impact of the COVID-19 pandemic on our clients’ property values as we all proceed through these very uncertain times. I think about two upcoming quick-take hearings that
Mediation Can Pull Matters Out of the Litigation Rabbit Hole
One of the most challenging aspects of an attorney’s job is to advise a client regarding possible litigation. I think of myself as a pragmatic business lawyer whose primary job is to help my clients achieve their business objectives. I much prefer to accomplish this through time spent on advocacy, negotiation and problem solving. Litigation
Relocation Reimbursement: Actual Moving Expense or Business Re-establishment?
Property owners forced to move their business locations through condemnation for the Metropolitan Council’s Southwest Light Rail Transit project are generally entitled to compensation on two fronts—first, they are entitled to just compensation for the taking of their real property; second, they are entitled to relocation benefits for the costs and expenses of moving their
Public Project, but Private Property Owner Pain
In case you missed it, WCCO ran a story the other night about a small business owner who has been displaced through condemnation of her property by the massive, two-billion dollar Southwest Light Rail project. The business owner said she was promised by the project’s sponsor, the Metropolitan Council, that she would be “made whole.”
Condemnation in Reverse: Inverse Condemnation Can Be a Powerful Remedy for Property Owners
Inverse condemnation is a potentially powerful kind of litigation ju jitsu move that property owners can use in certain situations to call the government to account when it damages their property by an official act or omission. Most everyone has some familiarity with eminent domain, also known as condemnation or a governmental taking. Where private
New Rights Available to Property Owners in Path of Transit Projects
Property owners in the path of light rail and bus rapid transit projects are now eligible to receive the full protection of the state’s eminent domain laws, thanks to legislation passed in 2017 by the State Legislature.
Before passage of this legislation, the Metropolitan Council (Met Council) had been taking the position that it was
Landowners in LRT Path Face Hard Choices
The Twin Cities of Minneapolis and St. Paul, and surrounding metro region, are experiencing a surge in large public transit projects, most notably the long-awaited Southwest Light Rail Line (SWLRT), which extends the existing Green Line from Minneapolis to the southwest suburbs, terminating in Eden Prairie, MN. In addition to light rail, several other fixed