Homeowners and others with real property holdings in St. Cloud, Minnesota, generally expect to have control over their real property. Unfortunately, the loss of real estate can happen with minimal advance warning and limited owner control in an eminent domain scenario.
Minnesota state law allows for the forced sale or condemnation of real estate necessary for important public projects. Those hoping to avoid the loss of their property may need to respond as soon as possible, which may require legal guidance before formal condemnation begins.
The five warning signs below are all possible indicators of eminent domain proceedings on the horizon.
1. Nearby survey activity
Surveying is often necessary to establish boundaries for individual parcels and to determine what land might be necessary for an upcoming project. Surveyors close to or on private property can be a warning sign of potential future claims against those parcels.
2. Inclusion in the Capital Improvements Program
The city of St. Cloud has a five-year Capital Improvements Program that includes some projects that may require the condemnation of privately-held real estate. Owners whose land is included in the documents for the program may be at risk. The Riverwalk Project and Fire Station Seven are both examples of projects that could affect nearby parcels.
3. Public information meetings
Local authorities generally have to provide advance notice of any major projects involving public funds. Meetings about public projects may lead to the release of information about what properties could be affected. Those who receive notice of upcoming public meetings may need to attend or review the minutes from the meeting afterward to see if there are details about affected properties.
4. Environmental testing requests
Determining if a property is useful for development or if there could be hazards that could affect the budget for a project is often part of the planning stage. A notice about environmental testing of the soil or water at a property could be an early warning sign that it could be part of an upcoming project.
5. Appraisal notices
In some cases, appraisers may come to a property and ask to inspect it. Other times, property owners may receive a notice advising them of a changed property assessment or an appraisal estimating the value of the property.
Anyone at risk of losing their home, business facilities or other real property holdings to eminent domain claims may require legal guidance. Consulting with an attorney before – or after, when necessary – the eminent domain process is underway can help property owners evaluate their options.