Condemnation

Oftentimes, landowners find themselves in the unfortunate situation of becoming subject to the government’s need to acquire their property rights or real estate. The state of Minnesota allows landowners to receive compensation for much more than just the value of the land. The law requires compensation to be paid to property owners for any injury, damage, harm, destruction, interference, or other intrusion into a party’s ownership, and use, or enjoyment of their property rights or real estate. Messerli Kramer’s Commercial Real Estate attorneys are well-versed in the legal actions that must be taken to ensure our clients receive the adequate compensation to which they are entitled from government agencies.

It is not unusual for a property owner to receive a low monetary offer from a condemning authority. Our attorneys represent clients who are entitled to compensation for damages beyond the simple ‘property-value’ approach. Damages for which just-compensation is owed when real estate or property rights that are taken, destroyed, or damaged include severance for loss of access, loss of development potential, and loss of view; loss of rent or tenant losses; business property and fixtures; business relocation; loss of reasonable, convenient access to highway, and right-of way; construction interference; minimum compensation to make business whole; attorney and consultant fees; and loss of going-concern when a business is destroyed as a result of the condemnation.

Representative Experience

• Representing landowner in settlement negotiations with a suburban city for damages resulting from cutting-off all access to the entry of his thriving commercial property for 18 months.

• Represented landowners in securing $2 million—four-times the original offer—for the most desirable seven-acres within a 20-acre parcel in Maple Grove for development by MnDOT.

• Represented landowner in securing monetary award nearly five-times that of which was offered by the City of Minneapolis, proving contamination of property was caused by the City and not landowner.

• Represented convenience store owner in negotiation of a six-figure settlement with the county highway department for damages resulting from cutting-off highway access to his property for more than 6 months during peak-season.

Professionals