Gov. Tim Walz has announced that restaurants and bars in Minnesota will be allowed to re-open for sit-down service effective June 1st. Sort of. The caveat is that sit-down service must be restricted to outdoor seating areas only, with criteria for maintaining social distancing amongst both guests and staff. Previously, restaurants had been
Shelter in Place: Take It or Leave It?
Minnesota, like many states across the country, is gradually trying to loosen the restrictions on its citizens so that we can try to return to some level of normalcy. Most recently, Gov. Tim Walz (D-MN) let his “shelter in place” executive order lapse. This means that a broad mix of businesses, non-profits and government agencies
Navigating State and Local Governments During a Pandemic: How Continuing Government Action on Major Issues Can Impact Your Investments
Peter Coyle and Jacob Steen discuss the land use, government relations and regulatory environment during the COVID-19 pandemic. They share examples of how Larkin Hoffman has been able to assist clients in overcoming the unique challenges presented by a statewide stay-at-home order and discuss the ways that the global pandemic has shaped the local land
How Will COVID-19 Affect Real Estate Values?
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
Are Attorneys’ Fees Recoverable on a Mechanics’ Lien Claim Involving a Homestead?
Under Minnesota law, a contractor may collect reasonable attorneys’ fees in a mechanics’ lien foreclosure action even if the property is a homestead. The amount of the award is in the discretion of the court. That is not the case in every state as recently illustrated in Iowa.
Historically, Iowa has liberally construed its mechanics’
When do Statutes of Repose Begin to Run on Condominium Projects?
A statute of repose defines the date by which a particular type of claim must be asserted before it becomes untimely, or “stale,” and can no longer be pursued. This provides designers and builders of construction projects some security that, after a certain date, they cannot be hauled into court to answer for their alleged
Another City Attempts to Collect Illegal Transportation Fees – Struck Down by the Court Again
The development community has long maintained that the practice of cities exacting transportation fees or charges from developers as a condition of development approval is illegal, but the issue had not been directly and fully addressed by the courts until the Minnesota Supreme Court handed down its decision in Harstad v. City of Woodbury in
A Sobering Reminder of Who is in Charge of Your Land
Imagine you are a landowner whose property is dedicated to a use that has run its course—say a golf course for example. The land represents a sizable family investment and naturally your thoughts turn to what other uses are possible to assure the land is put to a productive and, hopefully, profitable use for
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
Minneapolis Bans Drive-Throughs; Will It Do Any Good?
In August 2019, the Minneapolis City Council adopted an ordinance banning new drive-through windows in the city. With the adoption of the new Minneapolis 2040 Comprehensive Plan, beginning in January of 2020, all gas stations will soon be prohibited, as well. These policy changes are part of the City’s aggressive goal of reducing greenhouse gas