Protect Your Rights: Eminent Domain Attorneys – Minnesota

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain & Condemnation Attorneys – Minnesota

At Sever Walker Padgitt, our mission is to hold condemners, including state, federal, local, utility, or other entities, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.

We’ve represented countless landowners across America, gathering the knowledge and tools necessary to ensure justice is served. We’re always looking out for your best interests and will do everything we can to help you get just compensation. Whether you own land in Minneapolis, St. Paul, or Rochester, our eminent domain attorneys have experience in Minnesota and are ready to fight for your rights.

What Is Eminent Domain Law in Minnesota?

The government and other entities exercise the right to eminent domain when they take private land and use it for a public project, such as roads, bridges, pipelines, government buildings, and, in some instances, “commercial” spaces.

In many cases, this power is not exercised appropriately, and landowners are treated unfairly in the process. You may find yourself wondering if your land is being taken unjustly or if you’re missing out on valuable compensation to cover the loss. With the legal complexity of eminent domain law, it’s easy to be confused about what to do next.

Exercise your rights and make sure your needs are prioritized by hiring an eminent domain attorney who knows Minnesota.

What Are Your Rights Regarding Eminent Domain in Minnesota?

It’s understandable to worry that you have no legal recourse if your property is seized for public use. However, Minnesota’s provisions on eminent domain line up with the Fifth Amendment of the U.S. Constitution. Your private property may not be taken for public use without fair and just compensation.

Working with one of our eminent domain attorneys will ensure no stone is left unturned in the fight for your land ownership rights.

Section 13 of the Constitution of the State of Minnesota clearly states that private property may not be taken, destroyed, or damaged for public use without just compensation. With the help of an eminent domain attorney, you’ll be able to push back against vague or illegal claims.

For example, an attorney can dispute a claim for public use that’s too broad in definition. They can also spot inconsistencies in the compensation you’re owed and potentially get you a higher amount. This process is complex and difficult, but it’s exactly what our attorneys have been practicing for years.

Instead of attempting to navigate a court hearing or a pile of legal paperwork on your own, let us help.

You may need to proceed with condemnation to receive just compensation under Minnesota law. Hiring an eminent domain attorney will give you a second set of eyes on your case to look for conflicting details or opportunities to modify your appraisal.

Without a professional, you may lose out on compensation or receive an amount far smaller than what you’re owed under law.

What Does the Condemnation Process Look Like?

If your property is being targeted for an eminent domain case in Minnesota, you can expect the following process under Minnesota law:

The condemning authority may hold public meetings or announce a project development to inform the public of how their private property will be affected.

If you suspect your private property is being seized unjustly, you will need to hire an eminent domain attorney in Minnesota to oversee your claim. They might recommend that you proceed with the condemnation process in order to pursue just compensation.

The condemning authority cannot move forward with an eminent domain proceeding without receiving at least one appraisal. The acquiring authority is also required by law to provide the owner of the private property a copy of all appraisals. This appraisal has a time limit of 60 days before presenting the petition for eminent domain.

Minnesota has four methods of determining fair market value (FMV):

  • Comparable sales: This process compares your property to similar properties that were recently sold, then applies units of comparison to determine a price.
  • Income capitalization: This method determines the present value of future revenues for income-producing properties by gauging past performance.
  • Reproduction costs less depreciation: This method estimates the current cost to replace an existing structure, then deducts depreciation from the total cost.
  • Development cost: This cost structure looks at what a purchaser might pay for the land, including details like the cost of development and possible future sales.

You will receive an offer from the acquiring authority. Your eminent domain attorney in Minnesota will review the offer, analyzing everything from legal accuracy to appropriate valuation of the property. If there are any errors, you will be notified immediately.

No matter who the condemning authority is, you have the right to a fair and professional negotiation of your private property. This strategic process may involve bringing in a second appraisal if the first is not deemed satisfactory by the property owner and their attorney.

You should only settle if you’re satisfied with the amount you’re being presented. Once you sign the settlement papers, you officially waive your right to pursue any damages beyond the signing date, and the case is considered complete.

Should you settle for what you’re offered or try to pursue another amount? We can help you navigate the murky waters of eminent domain law in Minnesota.

What Should Landowners Do After Receiving An Eminent Domain Notice In Minnesota?

Receiving an eminent domain notice in Minnesota often comes as a shock to many landowners. You may be unsure of where to turn for help or wonder if you have any power in the situation. Luckily, you can protect your rights by hiring a lawyer and acting quickly.

Here’s what to do if you receive an eminent domain notice in Minnesota:

Hire an eminent domain attorney to fight for your right to just compensation in Minnesota.

Learn more about exactly what compensable items you are entitled to under the law.

Allow your attorney to negotiate the terms of the acquisition and possibly avoid eminent domain altogether.

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

View All Case Results

Frequently Asked Questions

What Is Just Compensation in Minnesota Eminent Domain Cases?

Landowners are entitled to just compensation, which is the fair market value of their property when it is acquired through eminent domain.

The compensation is based on the fair market value of the property. In other words, what would a willing buyer pay a willing seller for the property both before and after the acquisition? The difference between these two numbers represents the “just compensation” owed to the landowner.

Condemnors will often fail to consider all the necessary aspects of an acquisition (or they undervalue these aspects) and consequently issue low compensation packages to landowners. A skilled eminent domain attorney in Minnesota can help make sure you receive proper compensation.

Certain acquisitions involve the “total” taking of a business or residence. In these specific instances, the business or resident is entitled to compensation necessary to re-establish and relocate.

This compensation is in addition to the just compensation owed for the acquisition itself. These relocation offers, however, are often inadequate. Businesses, for example, are rarely offered the full cost of relocating their operation and often have to pay out of pocket to complete a successful move. A skilled eminent domain attorney in Minnesota should be able to recover the full relocation benefit necessary to move an operation.

There are limits to the power of the entity taking the land. For example, the condemner must provide adequate notice of eminent domain, issue a pre-condemnation offer of compensation to the landowner, and provide some justification for the offer initially issued to the landowner (usually an appraisal).

It is difficult to predict the timeline for eminent domain cases in Minnesota since they can vary depending on the type of land being taken and the reason for the condemnation. Some cases could be resolved in a matter of months, while others may take a year or longer.
Learn More

Unfortunately, it is rare to stop eminent domain in Minnesota completely. In most circumstances, an eminent domain lawyer’s role is to help the landowner get the right amount of compensation rather than halting the process altogether.

However, there are some situations where eminent domain can be stopped, such as when the government has not followed the law prior to initiating its eminent domain lawsuit.

If you refuse an offer and do not seek a resolution, the government may still seize your property through condemnation. They will determine the fair market value of your property, then award you compensation at a later date. If you suspect this seizure is unjust or feel you may be owed a different amount, an eminent domain attorney in Minnesota can negotiate on your behalf.

Your compensation may be different if you’re a business owner since the condemnation must take into account any loss of income from the seized property. This process may include income capitalization, a method that determines the present value of future revenue for the business based on previous years’ activity.

You may receive compensation for attorney fees if the court finds the property did not meet the conditions of the original condemnation. An eminent domain lawyer can research and negotiate on your behalf to secure the best outcome for your unique situation.

Minnesota law states that eminent domain is permitted only for a public purpose or public use. If you suspect your private property is being illegally seized or you’re not receiving just compensation, Sever Walker Padgitt can represent you.

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we take pride in our expertise and dedication. With over 50 years of combined experience, our entire firm is built around serving you—the landowner who is facing eminent domain or condemnation.

Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You

Sever Walker Padgitt’s mission is to protect the rights of landowners in Minnesota and across the country. Far too many landowners walk away with less compensation than they deserve in their eminent domain case. We’re here to change that trend by offering our legal expertise and advice in court.

Whether you have a large or small eminent domain case, we’re ready to defend your rights. Contact us today to get in touch with an experienced eminent domain attorney to fight for you in Minnesota.

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Let us share our expertise before you take this case on by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.

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