Evenson Decker, P.A.Evenson Decker, P.A.2026-07-02T15:14:45Zhttps://www.evensondeckerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303586/2023/11/cropped-site-icon-32x32.pngOn Behalf of Evenson Decker, P.A.<![CDATA[Big Stone Project]]>https://www.evensondeckerlaw.com/?p=489762026-06-26T05:18:38Z2026-06-26T05:16:25ZMichael Rajkowski with Evenson Decker, P.A. at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or info@EvensonDeckerLaw.com to schedule a free initial phone conference. With more than 37 years of experience, Attorney Rajkowski has successfully argued and won “Buy the Farm” cases before the Minnesota Supreme Court and is ready to zealously advocate for you as a landowner.]]>On Behalf of Evenson Decker, P.A.<![CDATA[Mankato – Mississippi River Transmission Project]]>https://www.evensondeckerlaw.com/?p=489752026-06-26T05:15:08Z2026-06-26T05:12:25ZMichael Rajkowski with Evenson Decker, P.A. at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] or info@EvensonDeckerLaw.com to schedule a free initial phone conference. With more than 37 years of experience, Attorney Rajkowski has successfully argued and won “Buy the Farm” cases before the Minnesota Supreme Court, and is ready to zealously advocate for you as a landowner.]]>On Behalf of Evenson Decker, P.A.<![CDATA[5 early warning signs of eminent domain claims]]>https://www.evensondeckerlaw.com/?p=489622026-04-30T19:08:18Z2026-04-30T17:49:14ZMinnesota 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.]]>On Behalf of Evenson Decker, P.A.<![CDATA[What should business owners know about breach of contract?]]>https://www.evensondeckerlaw.com/?p=488842025-11-11T15:24:55Z2025-11-11T15:24:55Zbreach of contract occurs. This can lead to several negative consequences for the wronged party. Some of these include legal headaches, lost revenue and broken relationships.
What constitutes a breach of contract?
There are several situations that can lead to a breach of contract. This could involve missing a delivery deadline, failing to make a payment as required, failing to perform to set standards or backing out of the contract without cause.
Breaches can be classified as minor or material. A minor breach is a violation of the contract, but it won’t derail the contract. A material breach often undermines the entire agreement and may excuse the wronged party from the contract.
There are several factors that can impact the breach of contract. These include communication, timing and the nature of the breach. All of these factors can dictate the effects of the breach.
What happens when there’s a breach of contract?
In some cases, the companies can work together to determine a solution to the breach of contract. In other cases, litigation to determine how to handle the breach of contract is necessary.
When a breach of contract occurs, St. Cloud business owners should ensure they have their company’s best interests protected. This may require them to work with someone familiar with these matters so they can determine their options for handling the situation.]]>On Behalf of Evenson Decker, P.A.<![CDATA[How Minnesota Energy Connection Affects Property Value]]>https://www.evensondeckerlaw.com/?p=488832026-01-06T06:35:09Z2025-08-14T08:15:48ZUnderstand the potential impacts on property value
Before making any decisions, you need a clear picture of how large-scale power line projects can change the marketability and worth of your land. The Minnesota Energy connection could influence property values in several ways:
Visual impact: Reduces aesthetic appeal for future buyers
Health concerns: Raise perceived risks tied to electromagnetic fields
Easement restrictions: Limit how you can use parts of your land
Loss of usable acreage: Removes sections from agricultural or recreational use
Reduced market demand: Lowers buyer interest in properties near power lines
By identifying which factors apply to your property, you can better anticipate how the market might respond.
Once you understand the potential impacts, begin by determining your property’s current value to set a solid starting point.
Gather a professional valuation
Hire a licensed appraiser familiar with the St. Cloud, Sartell and Cold Spring areas. They can compare recent sales of similar properties, taking into account the presence or absence of utility easements and power lines. This independent valuation gives you a clear benchmark for negotiations or potential claims.
With a valuation in hand, you will also want to preserve evidence of your property’s current condition in case changes occur.
Document current property conditions
Take photos, keep survey records and store any relevant maps. If construction begins, you will have evidence of your property’s prior state, which can be critical if you seek compensation later. Detailed documentation helps establish a baseline, making it easier to prove any damage or changes caused by the project.
Explore your compensation options
If the project affects your property, you may be entitled to compensation for diminished value or loss of use. If you decide to consult with an attorney experienced in utility easements, they can help you:
Easement agreement review: Identify potential risks before signing.
Term negotiation: Secure fair compensation for granting the easement.
Property rights protection: Maintain control and safeguard your interests.
After you have explored your options, you will be better prepared to take steps that protect your long-term investment.
Key steps to protect your investment
The Minnesota Energy Connection could bring change to central Minnesota, but you have tools to protect your property’s value. By assessing impacts early, securing professional valuations and exploring your legal options, you can safeguard your financial interests. If you live in St. Cloud, Sartell or Cold Spring, consider speaking with a property rights attorney who understands the local market and the unique challenges this project presents.]]>On Behalf of Evenson Decker, P.A.<![CDATA[How will Minnesota’s high-voltage powerline project impact property owners?]]>https://www.evensondeckerlaw.com/?p=488812025-08-11T20:01:42Z2025-08-11T20:01:42ZWhat should property owners know about these types of projects?
High voltage power line projects can have significant implications for homeowners. Proximity to power lines can impact property value. There may also be health and safety concerns, although studies on electromagnetic fields have not conclusively proven harmful effects.
These projects can also result in changes in zoning or land use regulations that could trigger future changes to the community. Homeowners should engage with local authorities and utility companies to stay informed about the project's timeline, construction plans, and any potential disruptions to daily life.
What are the goals of this specific project?
The Northland Reliability Project seeks to enhance the reliability of the power grid while supporting the shift from fossil fuels to renewable energy sources like wind and solar. This initiative is part of a broader strategy to deliver clean energy across the Upper Midwest. The construction and operation of the transmission line can also stimulate local economies through job creation and infrastructure development. Although those behind the project note they are attempting to follow current transmission power line corridors, additional development is also likely.
What role would eminent domain play in this project?
The implementation of the Northland Reliability Project involves complex legal considerations, particularly regarding eminent domain. Utilities have the authority to acquire land through government-sanctioned eminent domain if negotiations with landowners fail. Minnesota's "Buy the Farm" law provides property owners some protection, requiring utilities to purchase property from landowners who do not agree to easements.
Minnesota's Northland Reliability Project presents a step toward a sustainable energy future. While the project promises environmental and economic benefits, it also poses challenges for local communities, particularly regarding property rights and eminent domain. As construction begins, ongoing dialogue between utilities and landowners will be essential to address concerns and ensure a balanced approach to development.]]>On Behalf of Evenson Decker, P.A.<![CDATA[What is the difference between eminent domain and inverse condemnation in Minnesota?]]>https://www.evensondeckerlaw.com/?p=488472025-05-14T18:07:10Z2025-05-14T18:07:10ZWhat is eminent domain?
This legal term refers to the government's power to take private property for public use, provided they offer just compensation. This process is relatively straightforward: the government identifies a need, such as building a highway or public school, and acquires the necessary land from private owners.
What if the government’s offer seems too low?
Determining whether the government's offer is just involves several steps. Initially, the property owner should obtain an independent appraisal from a qualified real estate appraiser to assess the fair market value of the property. This appraisal can provide a benchmark to compare against the government's offer. Additionally, the property owner should review the details of the government's valuation, including any assumptions or methods used, to ensure they are accurate and reasonable.
If the owner believes the offer is too low, they have the option to negotiate with the government for a higher amount. If negotiations do not lead to a satisfactory outcome, the property owner can challenge the offer in court, where they will need to present evidence, potentially including an independent appraisal, to argue for a fairer compensation.
What is inverse condemnation?
Inverse condemnation occurs when a government action effectively takes or damages private property without formal eminent domain proceedings. In this scenario, the property owner initiates legal action to seek compensation for the loss or damage incurred.
To move forward with an inverse condemnation claim, the property owner must prove that government action resulted in a loss of property value or use. Compensation claims often arise from indirect actions, such as zoning changes or environmental regulations.
Inverse condemnation is an important tool because it provides a legal remedy for property owners when government actions negatively impact their property without direct acquisition.
Why does the distinction matter in Minnesota?
The state has specific laws and precedents that influence how it can handle these cases. Property owners must recognize their rights and the legal avenues available to them. Knowing the difference helps in identifying the correct legal approach.
While eminent domain and inverse condemnation both involve government actions affecting private property, they differ in process and implications. Minnesota property owners must understand these differences to protect their rights and interests. By staying informed, they can better navigate the complexities of property law and push for fair treatment in any government-related property issues.]]>by Michael Rajkowski<![CDATA[Minnesota Energy Connection Project Update!]]>https://www.evensondeckerlaw.com/?p=488302025-02-06T23:21:31Z2025-02-06T23:20:20ZMichael Rajkowski with Evenson Decker, P.A. at (320) 253-7130 or info@EvensonDeckerLaw.com to schedule a free initial phone conference. He has more than 36 years of experience, has successfully argued two “Buy the Farm” cases before the Minnesota Supreme Court, and is ready to zealously advocate for you as a landowner]]>On Behalf of Evenson Decker, P.A.<![CDATA[How eminent domain affects agricultural lands in Minnesota]]>https://www.evensondeckerlaw.com/?p=488232024-12-10T02:53:12Z2024-12-10T02:53:12ZImagine you're a farmer. One day, the government knocks on your door, saying they need your land to build a new highway. Suddenly, lanes of asphalt and honking cars could replace your once tranquil fields of corn. The image is something straight out of a farmer's nightmares. But unfortunately, it's a scenario that could come to pass under the powers of eminent domain. What exactly does this mean for Minnesota's agricultural landowners? Let's explore it together.
Understanding eminent domain
Eminent domain refers to the government's right to buy private land for public use. This legal process can impact farmers and their valuable agricultural lands in Minnesota. Here's how:
Public projects: Highways, railroads, or utility projects often require large strips of land that may run through rural, farm-heavy areas.
Compensation: Landowners have the legal right to fair compensation, but the definition of "fair" can be subjective and often requires legal intervention.
Legal rights: Landowners are able to negotiate, challenge the taking, or dispute the compensation offered.
It's crucial for landowners to understand how the process works and where their rights fit in.
The impact on agricultural lands
When agricultural land becomes a target for eminent domain, several outcomes can occur:
Loss of land: Farmers may lose part or all of their land, affecting their crop production and income.
Fragmentation: If a new development cuts through property, access to the remaining land can become difficult, affecting daily operations.
Environmental concerns: A construction project can cause ecological damage, including diminished soil quality and polluted water resources.
Despite these challenges, some landowners find opportunities in the change, adapting their business models or even relocating to more advantageous areas.
Navigating the eminent domain process
For farmers facing eminent domain, here are a few tips:
Seek legal advice: Consulting with an attorney who is knowledgeable in eminent domain can provide crucial guidance and advocacy.
Understand the valuation: Knowing how your property's value is calculated can help you argue for fair compensation.
Stay informed: Remaining apprised of local government plans can provide foresight and preparation time.
Navigating eminent domain requires understanding both your rights and the government's rights.The threat of losing a portion of your farm to eminent domain can be unsettling, but being informed and prepared can make all the difference. Remember, it's not just about the land; it's about your livelihood and legacy.]]>On Behalf of Evenson Decker, P.A.<![CDATA[What strategies can you use with an eminent domain proceeding?]]>https://www.evensondeckerlaw.com/?p=488102024-08-23T23:34:07Z2024-08-23T23:34:07ZEminent domain allows the government to take private property for public use. However, it requires the government to provide fair compensation for the landowner. Landowners facing eminent domain often worry about whether they will receive the full value for their property. To maximize compensation, landowners need to understand their rights during the process.
Getting a professional appraisal
One of the first steps landowners should take involves obtaining an appraisal of their home and property. The government will provide its own appraisal, but a professional appraiser who understands the local market can offer a more accurate valuation. This independent appraisal serves as a strong basis for negotiating higher compensation.The appraisal should consider not only the current use of the property but also any potential future uses that could increase its value. This includes any unique features or developments to ensure they receive consideration in the valuation.
Presenting evidence of property value
Landowners can present additional evidence to support a higher compensation amount. This evidence might include:
Recent sales of properties in the area
Expert opinions on future development potential
Landowners should also consider how the loss of the property will impact their overall financial situation. For example, if the land generates income through farming or rental, losing it might require additional compensation. Demonstrating these impacts can further strengthen the case.
Navigating the eminent domain process effectively
Facing aneminent domain proceeding in Minnesota requires careful planning and the use of strategic actions to maximize compensation. Taking these steps ensures that landowners protect their interests. ]]>