Anda, 789 N.W.2d 860 (Minn. 2010), was a landmark Minnesota Supreme Court decision addressing highest and best use in condemnation proceedings. In a recent CLE Presentation, Howard Roston, of Malkerson Gunn Martin, and Corrine Heine of Kennedy & Graven, provided an overview of what the implications of this watershed decision may be.
Summary of Valuation Related Holdings in Anda:
- In a taking under Minnesota’s “Quick-Take” statute, the date of valuation is the date when both title and possession transfer.
- Contaminated property is to be valued “as remediated” rather than as contaminated or clean.
- Condemnation awards may not be reduced by remediation costs. Evidence of contamination is only admitted to determine the value of the property “as remediated.”
- Conditions existing at the time of taking may be considered even if discovered after the taking.
Or, take a look for yourself and view the entire presentation:
Malkerson Gunn Martin has one of the most experienced team of condemnation lawyers in the State of Minnesota. Our lawyers also handle condemnations in other states as well. We often take such cases on a “contingent fee” basis where the property owner incurs a fee only if we obtain a result greater than the condemning authority’s written offer to the owner. In other words, if we are confident we can obtain an award greater than that offered, we willingly share the risk of doing so with our clients.