Like many states, Minnesota has an automatic approval statute, or “shot clock,” to protect applicants for zoning and land use applications. Minnesota Statutes section 15.99 requires that local land use authorities must act within 60 days of receiving a completed zoning application. If the government fails to act within that time frame, the application is
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
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
Protecting Church Real Estate Assets—Case Studies from the Twin Cities
When a developer proposed a 29-story tower above the oldest church in Minneapolis, threatening the stability of historic buildings, what did church leaders do? They went on the offensive and brushed up on their rights under land use and zoning regulations. That was one of several case studies presented by land use and real estate
Wisconsin’s Act 67 Could be a Game-Changer For Conditional Use Permit Applicants
Well, it seems that the State of Wisconsin has gone from one extreme to another in the area of codifying conditional use permit (CUP) law. Where before there was nothing, last fall the Wisconsin State Legislature adopted amendments to county, city, town and village land use statutes that set out standards to guide and limit
Reasonable Accommodation and Group Homes
In the realm of local land use there are few development proposals that have the tendency to evoke neighborhood resistance than a new group home. The response is particularly vehement when the home is intended to serve those with chemical dependency and especially controversial in a low-density neighborhood. While most people acknowledge a need for
Cities Cannot Require Payment of Fees for Future Road Improvements
Forgive developer Martin Harstad if he thought he was in Potterville and not Woodbury when the city told him he had to pay nearly $1.4 million in “road assessments” as a condition of approval for his “Bailey Park” residential development. Harstad sued Woodbury to challenge its authority to demand the road assessments and won
A St. Paul Neighborhood Continues to Struggle to Balance Reinvestment with Preservation
Stretching from the Cathedral of St. Paul to the Mississippi River, St. Paul’s Summit Avenue is one of the premier stretches of Victorian homes in the United States. Throughout the last four decades, the neighborhood has been the target of investment and restoration that has solidified Summit Avenue as an iconic part of Minnesota’s Capitol
Concerns with Density Remain as Plans for St. Paul’s Ford Plant Advance
On July 28, the St. Paul Planning Commission voted unanimously to recommend a redevelopment plan for the 135-acre Ford Motor Company property in the Highland Park Neighborhood of St. Paul. Nearly a decade in the making, the plan would provide the zoning and land use guidance necessary for any master developer seeking to redevelop the
Badger State Leads the Way – Introducing Property Rights Legislation
Property owners and lawmakers joined forces last month in an attempt to reverse the erosion of property rights in Wisconsin which resulted from two landmark decisions, one issued by the U.S. Supreme Court and the other issued by the Wisconsin Supreme Court. In Murr v. Wisconsin, the highest court in the land sided with