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Condemnation & Eminent Domain

Condemnation & Eminent Domain

When private property is required for public for roads, parks, or other municipal needs, tensions and emotions in a community can be difficult to manage. Rinke Noonan has a long history of representing both local government and private property owners on condemnation projects. This unique perspective allows us to achieve favorable outcomes for our clients—whether that is negotiating a settlement or seeing a matter through the hearing process.

There are few consultants who can take you entirely through the eminent domain process from the project’s beginning to end. Our experienced eminent domain attorneys and  non-attorney professional staff allow us to give our clients this comprehensive service at competitive costs.

We work with all parties, from government agencies to engineers to private property owners, to ensure legal compliance. All parties are treated with respect and fairness during negotiations.

Located in St. Cloud, eminent domain attorneys and legal condemnation attorneys at Rinke Noonan are experienced and knowledgeable professionals who are truly invested in our Central Minnesota communities.

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OUR TEAM

Condemnation & Eminent Domain Key Concepts

Acquisitions

At Rinke Noonan our experienced attorney and non-attorney professional staff allows us to take you entirely through the acquisition process from the project’s beginning to end at competitive costs. We are experienced and sensitive to all of the issues involving acquisitions and how it can effect those impacted.

We assist all types of government agencies, including Counties, Cities, Housing and Redevelopment Authorities, and Watershed Districts, with property acquisitions. We work with engineers and other staff to determine which properties should be acquired and the extent of the acquisition. We complete the field title work to determine the owners and occupants of the properties. We meet with owners and occupants early on in the project, providing invaluable citizen communication. We coordinate hiring of appraisers, environmental and other consultants. During the entire process we keep you fully informed and involved. We negotiate acquisitions in a matter that treats property owners with respect and fairness.

Relocations

If residential, agricultural, or commercial occupants are being relocated as a result of the acquisition, Rinke Nooonan provides all the necessary relocation benefits and services required by state and federal law. We have vast experience in dealing with the intricacies of the relocation rules and regulations. We keep you ahead of the game when it comes to ensuring compliance with legal and funding requirements. Our approach to relocation provides residents and businesses with the critical information and assistance they need.

Eminent Domain

Rinke Noonan has been working in the area of eminent domain for over 40 years. For those times when a negotiated acquisition is just not possible, we provide a complete service where others rarely can. We are widely experienced in representing governmental agencies in the acquisition of all types of properties and property interests, ranging from drainage easements to multi-tenant commercial buildings. Our knowledge and experience with eminent domain allow us to fairly and reasonably estimate litigation costs when negotiating on the front end. In addition, because we understand the process, we can stand our ground on fair and reasonable offers.

Acquisition Law Change

Minimum Damage Acquisitions now increased to $25,000 from $10,000. – www.revisor.mn.gov

This change means that counties, cities and other acquiring authorities can avoid the cost of a full blown appraisal for many strip takings. However, as is true for most things, be careful because you might just get what you pay for. A careful analysis should be completed before embarking on too many acquisitions solely relying on minimum damage acquisition reports. Proximity to structures, impacts on parking, access changes, and other severance damage matters might be overlooked if the damage analysis is too cursory and focused solely on the small parcel of land acquired. Those involved in acquisitions also need to remember that appraisals and minimum damage acquisition reports should not be developed solely to meet statutory acquisition requirements. These reports serve an explanatory purpose for property owners. Too often we forget that property owners want to understand how the number was calculated and what was considered in the calculation. It also appears that minimum damage acquisitions can be used at a commissioners hearing. Another warning flag should go up here. Just because you have the ability to do something does not always mean that it is the smart way to do it.

FARGO MOORHEAD AREA DIVERSION PROJECT

The Fargo Moorhead Diversion Project is a major flood control project intended to provide flood relief to the primarily the City of Fargo and Moorhead.  Unfortunately, this will come at the expense of others, including many rural landowners and farmers.  For more information on the Project, click on the link below.

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