St. Cloud Condemnation Lawyers Protect Your Property Rights

When the government or a public utility targets your land for a project, it can seem overwhelming. However, you are not powerless.

Under Minnesota law and the U.S. Constitution, you have the fundamental right of “just compensation” and the assurance that your property will be taken only for a legitimate public purpose. Whether your property is being taken for a highway or local road project, a new building, or a public utility project, our experienced lawyers will help you understand your options and help you navigate the complex condemnation process.

At Evenson Decker, P.A., we fight for your property rights and make sure you receive just compensation for the value of your land.

Is That Even Legal And Other Frequently Asked Questions

Yes, the government’s power to take private property is legal but it is strictly limited by the Minnesota and U.S. Constitutions. Any seizure of your land is only legal if it serves a legitimate public purpose and includes the payment of “just compensation.” Read on to learn more about condemnation laws. For legal counsel regarding your situation, call us to schedule an appointment.

How is compensation determined?

Compensation is based on the constitutional standard of “Just Compensation,” which Minnesota courts define as the Fair Market Value of the property at the time of the taking.

• The appraisal: Both the property owner and the government typically hire appraisers to determine the value. The attorneys at Evenson Decker, P.A. will work with you to try and find an appraiser who will help you determine the “Before and After” damages to your property. Depending upon the type of property you own, you will be entitled to at least partial reimbursement for these appraisal fees.
• The “Before and After” rule: If only part of a property is taken, compensation is usually calculated as the difference between the fair market value of the entire property before the taking and the value of the remaining property after the taking. Typically, a condemning authority will take a permanent easement as opposed to a “fee” taking. The “after” analysis includes not only the value of the land being taken, but also a determination the taking has on the remainder of your property. If the taking causes part or all of the rest of your property to have a reduced value, you may be entitled to what is known as “severance” damages. This can include things like loss of access or “proximity” damages, such as when a road or power line may end up close to your home.
• Condemnation commissioners: If the parties cannot agree on a price, the court appoints a panel of three disinterested residents of the county (commissioners) in which property is located who are knowledgeable in real estate values to view the property, then later will hold a hearing and issue an award for damages.
• Appeals: Either party can appeal the commissioners’ award to a district court.

When can the condemning authority take possession of my property?

Possession of your land is usually done through a process known as “Quick Take” under Minnesota Statutes § 117.042. This allows the government to take title and possession of the property before a project is completed and before the final compensation amount is determined.

Possession once the following steps occur:

• They condemning authority must serve the landowner with at least 90 days’ notice of the intent to take possession.
• A petition for condemnation is filed in district court.
• Deposit of funds: The condemning authority may deposit funds based on their appraised value of the taking or may make a direct payment to the landowner. If a deposit is made, typically a motion or petition needs to be done in order to receive the deposited funds. The legal process will then continue to determine if additional compensation is owed.
• Court approval: Once the court grants the petition to transfer of title and possession and the deposit is made, they can legally take over the property on the date specified in the notice.

Protect Your Property Rights Before The Bulldozers Arrive. Call Us Today.

Our experienced eminent domain attorneys can help you. listen to your concerns and fight hard for you. Call our office in St. Cloud at 320-253-7130 or send us an email to make arrangements for a consultation.