Just Compensation vs. Fair Market Value After Anda
June 29th, 2011
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.
Contacts:
Howard Roston,
Malkerson Gunn Martin CapX2020 Team Stands Ready With Over 150 years of Condemnation Experience
May 7th, 2011
The CapX2020 Project is the largest transmission power line project in the history of our region. CapX2020 is a joint initiative of eleven transmission-owning utilities in Minnesota and the surrounding region to expand the electric transmission grid. Approximately 650 miles of transmission lines will be built in phases. For map locations, click here. The CapX 2020 transmission line consortium will acquire by negotiation or condemnation utility easements across thousands of parcels of private land. For more information, see: the CapX2020 proposed transmission project fact sheets.
The Malkerson Gunn Martin CapX2020 condemnation team is uniquely qualified to represent the interests of property owners in the powerline condemnation process. The MGM team consists of Bruce Malkerson, Rod Krass, Brad Gunn, Howard Roston and Tim Keane. Collectively, these attorneys have over 150 years of condemnation experience. The MGM CapX2020 condemnation team is in various stages of representation of property owners throughout the project area.
For more information on the Malkerson Gunn Martin attorneys with experience in this area, please visit our CapX2020 practice area page.
Contacts:
Bradley Gunn, Bruce Malkerson, Howard Roston, Rod Krass, Timothy Keane,
Minnesota Supreme Court holds that a condemning authority may not offset environmental clean up costs from the compensation due to owners in a condemnation action
September 9th, 2010
Malkerson Gunn Martin attorneys Brad Gunn and Howard Roston submitted an amicus brief in the Minnesota Supreme Court case Moorhead Economic Development Authority v. Anda. Adopting many of the arguments made in the brief, the Supreme Court of Minnesota held that environmental clean up costs cannot be offset dollar for dollar in a condemnation action.
Click here to read the full ruling.
Contacts:
Bradley Gunn, Howard Roston,
Howard Roston wins conditional use permit case in Washington County
August 25th, 2010
Howard Roston won a conditional use permit case in Washington County. When the City of Grant denied a client’s request for an amended conditional use permit to operate a well-established horse stable, the lawyers at Malkerson Gunn Martin LLP sued the City.
The Washington County District Court held that the City’s findings did not constitute a legally sufficient basis for the denial of the application for the conditional use permit. According to the Court, “the City’s decision to deny [the client's] application for an amended CUP was neither rational nor consistent with the City’s own CUP standards.”
A full copy of the District Court’s decision is here: City of Grant v. Flug Order and Memorandum.
Contacts:
Howard Roston,
Bruce Malkerson and Howard Roston elected by peers for inclusion in the 2011 edition of “The Best Lawyers in America”® in the practice area of Eminent Domain and Condemnation Law
August 9th, 2010
Malkerson Gunn Martin LLP partners Bruce Malkerson and Howard Roston have been elected by peers for inclusion in the 2011 edition of The Best Lawyers in America® in the practice area of Eminent Domain and Condemnation Law.
Bruce Malkerson was also been elected for inclusion in the practice area of Land Use and Zoning.
For over a quarter of a century, Best Lawyers® has been regarded – by both the profession and the public – as the definitive guide to legal excellence in the United States.
Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 3.1 million confidential evaluations by the top attorneys in the country. Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor. Our annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.”
View the full list on BestLawyers.com, Law.com, USnews.com, and dozens of other websites around the world.
Contacts:
Bruce Malkerson, Howard Roston,
Malkerson Gunn Martin LLP Partners Honored in Chambers USA’s Guide to America’s Leading Lawyers for Business
June 23rd, 2010
Malkerson Gunn Martin LLP partners Bruce Malkerson and Kathleen Martin were honored in Chamber USA’s 2010 Guide to America’s Leading Lawyers for Business. Chambers USA 2010 is a referral guide designed to objectively present the best practitioners in the main areas of corporate law. Mr. Malkerson and Ms. Martin were honored as being among the best real estate attorneys in Minnesota:
Bruce Malkerson is a senior practitioner noted for his extensive land use expertise. “He has the ability to get just about anything permitted, approved and planned,” reveals one interviewee. The talented Kathleen Martin represents developers. She recently stepped down as chair of the real property, trust and probate section of the [American Bar Association].
Chambers & Partners is a highly respected and influential London-based research and publishing company that provides rankings of leading business lawyers and law firms throughout the world. Rankings are based on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients.
Contacts:
Bruce Malkerson, Kathleen Martin,
Partner Kathleen Martin Publishes Chapter in Minnesota Purchase and Sale Deskbook
June 23rd, 2010
Kathy Martin recently published a chapter in the Minnesota Purchase and Sale Deskbook on “Special Issues When Purchasing Property for Development,’ that describes the myriad of private and public land use issues that arise when developing real property.
CHAPTER 10
Special Issues When Purchasing Property for Development
Introduction; Understand the Proposed Development Before Drafting the Purchase Agreement; Investigate Project Design Requirements Before Drafting the Purchase Agreement; Land Use Controls of Cities, Towns and Counties; Development Agreements; Time for Minnesota Agencies to Act: The 60-Day Rule; Applying the Doctrine of Estoppel to Government Action; Other Land Use Controls that Apply to Development of Property; Additional Purchase Agreement Considerations When Purchasing Land for Development
The Minnesota Real Estate Purchase and Sale Deskbook is published by Minnesota CLE. The Deskbook can be purchased online in hardcopy, on CD-ROM, or in a bundle including both.
Contacts:
Kathleen Martin,
