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
Upcoming Ramsey County Elections Could Have a HUGE Impact on Local Development
Politics can be loud. With all the national media and punditry focused on the 2020 presidential primary, it would be easy to miss the significant local races on the ballot this November. However, with economic markers pointing towards a potential slowdown or recession, having a strong understanding of the local political landscape is essential for
Cities Making it Harder to Supply Affordable Housing
The fact that Minnesota, and especially the metropolitan region of St. Paul/Minneapolis, is experiencing a severe affordable housing crisis is not disputed. The Metropolitan Council recently released data documenting that the metro region of Minnesota is growing substantially but that the supply of new housing, affordable across a broad range of housing types, is lagging.
Inclusionary Zoning Expands its Footprint in Minnesota
Last week the City of Bloomington adopted an expansive “inclusionary zoning” ordinance for the purpose of compelling developers of single and multifamily housing to include a portion of their new housing as affordable based on prescribed income standards. “Inclusionary zoning” refers to a policy that compels developers to include some land use component desired by