Eminent Domain

Achieving Success in Eminent Domain Matters

One of the most controversial topics in property law is the taking of private property for public use. Our Minnesota real estate lawyers have helped clients throughout Minnesota and western Wisconsin when faced with eminent domain. We have advocated for landowners contesting condemnation proceedings, as there are times when such an act can be an abuse of authority for disputing the property valuation determined by the government. We have also defended cities that wish to condemn and reclaim a property that is legitimately blighted. Accordingly, if you are an individual or a municipality faced with an eminent domain issue, we can help you.

Disputes can happen on both sides of the table and we can assist both parties to find an agreeable resolution. Many times, however, these cases can lead to litigation. If that’s the case, we work with clients through mediation, arbitration, or the judicial process to achieve resolution whether it be:

  • Defending or challenging eminent domain proceedings;
  • Negotiating the appropriate value of condemned land or appealing the valuation of the land; or
  • Petitioning for inverse condemnation when property is taken through rezoning due to incompatible use, obstructing right of way, restricting access, adverse drainage, or other actions.

In order to achieve solutions to these issues, our attorneys have working relationships with appraisers, engineers, municipal administrators, real estate professionals. We also understand the intricacies of working with elected officials. Because of our experience and placement within the community, we have been able to develop these relationships over a number of decades into successful client representation throughout the Twin Cities and western Wisconsin.

Patrick J. Kelly has nearly 40 years of experience in municipal law. His success includes success at the Minnesota Court of Appeals on behalf of his clients in eminent domain cases. Along with Chad D. Lemmons, who has over 30 years of experience in real estate and condemnation law, they make a powerful team in such matters. In the case of Mistelke v. Andover Economic Development Authority, 2004 WL 2793219 (Minn. App. 2004), our attorneys appealed the EDA’s denial of relocation benefits after a business owner’s land was condemned. The Minnesota Court of Appeals reversed and remanded to EDA to make payment. Patrick helped multiple private landowners achieve success after their property was taken as part of the City of Eagan’s redevelopment of the Cedarvale Mall. Patrick is frequently chosen as a commissioner to make decisions in eminent domain cases throughout the Minneapolis and St. Paul area, including serving as a commissioner in multiple cases from the light rail expansion into St. Paul.

Contact a Minnesota Eminent Domain Attorney

The taking of private property for public use is confusing. If your personal property is being taken for use by the public, it is important to have an attorney working with you. To learn more about how Kelly & Lemmons, P.A. can help you, call 651-224-3781.