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Condemnation & Eminent Domain
Fredrikson has the experience and depth to represent clients in any kind of eminent domain matter, ranging from the largest linear right-of-way project in Minnesota’s history (CapX2020) to representing the owners of land being acquired for major stadium projects. We also serve as counsel for national retailers on condemnation matters throughout the U.S.
“We work closely with our clients and their appraisers to determine the highest and best use of the property in question and then determine the reasonable value of the property taken.”
What We Do
When serving as Land Rights Counsel for major linear right-of-way projects (pipelines and transmission lines), Fredrikson works closely with our clients to ensure that right-of-way is acquired in a timely and efficient matter. We understand the process and relevant law, have close relationships with appraisers and other experts, and have experienced trial lawyers who take a practical approach to valuation issues. At the same time, we understand how we fit into the larger project from a schedule and budget perspective.
Our team also represents landowners in condemnation cases of all kinds, ranging from takings for stadiums to strip takings for road projects.
Land Rights Counsel — CapX2020: The Fredrikson team, led by Steve Quam, currently serves as Land Rights Counsel for the CapX2020 transmission projects in Minnesota, North Dakota, Wisconsin, and South Dakota. The CapX2020 project includes the construction of three 345 kV transmission lines, and a 230 kV transmission line. All told, over 600 miles of new transmission lines will be constructed.
Land Rights Counsel — MinnCan Pipeline: The Fredrikson team, led by John Drawz and Steve Quam, represented the Minnesota Pipe Line Company, L.L.C., with respect to right-of-way acquisition for the 305-mile long crude oil “MinnCan” pipeline project. Our representation covered all aspects of land acquisition, including survey access petitions, condemnation petitions, and valuation hearings.
U.S. Land Rights Counsel — Alliance Pipeline: The 36-inch high pressure natural gas Alliance Pipeline runs 1,900 miles from British Columbia to Chicago, with approximately 252 miles in Minnesota. Fredrikson & Byron commenced condemnation actions in thirteen Minnesota counties, involving over 300 parcels of land and over 1,000 respondents, and was also responsible for obtaining numerous permits and authorizations from each county.
Representation of Owners:
- Represented owners of lands take for the new Guthrie Theatre along the Mississippi River in Minneapolis. The award of more than $5 million exceeded the government’s quick-take by more than $3 million. The matter involved complex zoning and development issues.
- Represented owners of a large tract of development in the Northwest suburbs of Minneapolis that was bisected by a large diameter sewer line. The award of more than $3 million was approximately six times the government’s offer before condemnation. This matter involved complex legal and geotechnical issues.
- Represented owners of one of the last family farms within the 494-694 loop in a partial taking by a school district. The final award of approximately $4 million was more than double the government’s valuation.
- Represented owners of a theatre property on Hennepin Avenue in downtown Minneapolis taken for redevelopment. The award of approximately $3 million was approximately three times the government’s valuation.
- Represented a suburban shopping center owner in a partial taking in which loss of visibility and parking impacted tenant rents and occupancy. The award of more than $4 million was more than five times the government’s offer.
- Represented a major discount retailer in a taking which severely reduced parking. On behalf of the retailer proposed, and was instrumental in the passage of, an amendment to the local zoning ordinances that would allow the store to regain enough parking spaces to continue in operation. Even with this mitigation, the final award of nearly $3 million was nearly three times the government’s offer.
- Represented a Grand Forks, North Dakota homeowner whose property was taken for a flood diversion project. Compensation achieved through both eminent domain and related laws was nearly $2 million, more than triple the government’s offer.
- Represented owners of lands taken for the new Minnesota Twins Stadium (with Daniel Rosen, Bruce Malkerson). After five weeks of hearings and an award of $23 million, the matter was settled for more than $28 million, more than twice the government’s offer before condemnation.
- Represented owners of land located in Otsego, Minnesota, whose property was taken for an interchange. The government, during the court trial, argued that no compensation was due. The Court awarded the owners more than $3 million in damages.
News & Articles
Attorney Mark Savin Will Address the Effects of Sea Level Rise on Property Rights at International Conference in the Hague
October 17, 2016
Eminent domain lawyer, Mark Savin, will speak at the 13th annual Brigham-Kanner Property Rights Conference in The Netherlands, October 21, 2016.