Real Estate & Property Law

Is Minnesota Next to Stop Takings for Economic Development?

By Alan Ackerman

Three businesses affected, U-Haul Co. of Minnesota, Larson's Automotive Repair Services and Competition Engines Inc., objected to the condemnation because it wasn't supported by findings of public purpose or necessity and that the city's use of the 'quick-take' procedure was improper.

The city won the first legal round in the case, but the Minnesota Court of Appeals found in favor of the businesses. Eagan petitioned the Supreme Court for a review, which was granted late last month. The Supreme Court didn't immediately set a date and time for a hearing.

Eagan Mayor Mike Maguire said the city decided to appeal because it was concerned about the precedent that would be set if the most recent ruling was allowed to stand.  Twin Cities Business Journal, September 11, 2009

Minnesota is traveling a road now starting to be well taken.  An owner is disenchanted with an economic development forced acquisition of his land, so the owner challenges the condemnation.  The process goes through the courts.  When the Supreme Court of the jurisdiction rules favorably, an unfair practice ends in the jurisdiction (State).  If the agency seeking eminent domain succeeds in the eminent domain procedure, owners seek legislative protection.  If still unsuccessful in obtaining legislative relief, where available, the citizens will look to referenda barring the use of eminent domain for economic development.

Full post as published by National Eminent Domain Blog on September 17, 2009 (boomark / email).