Law may help land owners in Highway 14 project |
 |
 |
| Thursday, 17 July 2008 00:00 |
|
By Wendy Reuer OWATONNA — You can’t fight city hall — or maybe, in cases of eminent domain and the Highway 14 project, you can. Dan Biersdorf, of Biersdorf & Associates, a law firm specializing in eminent domain cases, was in Owatonna Tuesday evening to discuss a recent Minnesota law which allows land owners to recoup attorneys fees if they are able to prove more money is owed to them than initial offers by the governing agency. That law may help landowners whose land will be used in the Highway 14 project in Owatonna. The Minnesota Department of Transportation plans to realign Highway 14 from Waseca into the south side of Owatonna. The portion of the project from Waseca to the Steele County line is expected to begin this year. This project will cross the new Owatonna West Beltline Project and continue east through the south side of Owatonna. And that’s where the new law will help. “The law has been amended to help property owners here,” Biersdorf said. There is a catch, however. According to the Minnesota law, the difference must cross a threshold of 40 percent for the governing agency to pay property owners’ attorney fees. For example, if the government offers $20,000 for a parcel of land and it is proven the property owners are entitled to $35,000, the government would pay for attorney costs. However, if a judge or jury decides the property owner is entitled to only $25,000 for the parcel, the property owner would still be responsible for those attorney fees. What Biersdorf does, he said, is to offer a free consultation to property owners in order to assess the offer. He said if he doesn’t think he can get a higher amount to reach the threshold, he will tell property owners. “You don’t want to take the offers or appraisals lightly,” Biersdorf said. Biersdorf said a firm specializing in eminent domain is the best choice for property owners, as the law that allow government entities to seize private property without the owner’s consent is delicately intricate. “Under the law, everything has to be reduced to dollars,” Biersdorf said. Many property costs can be missed by appraisers or government regulators when offering a price to the owner. Severance and damage costs to the property owner for the loss of land can include damages from a loss of easement or accessibility, the decrease in property value due to proximity of the new highway and so on — all of which may need to be considered. Steele County Commissioner Bruce Kubicek said MnDOT will handle the acquiring of private property along Highway 14 and near 39th Avenue in Owatonna. Offers are currently being made to affected property owners. Calls to MnDOT representatives to confirm the number of properties currently acquired were not returned by press time. Wendy Reuer can be reached at 444-1565. |
E-Mail Us For A Free Consultation
Search
Recent Articles
Testimonials
" ...It is so refreshing to know a law office that does what it says it will do...you are truly an expert in this field and I am greatful..."
"I just want to say thank you...for your advice and your time...I am still shocked that you were so generous with your time and expertise and I want to thank you..."
- Natalie Nahey, Portland, OR
"You treated us better than family! [You] came right to our home and went to Madison for us, you were the best! [The] DOT was so smart when they were here; you showed them that the little guy can be right and got us a nice chunk of money!....Thank you so much!"
- John & Pat Schmalz, Menasha, WI
"Biersdorf & Associates has an ingrain[ed] desire to help people!"
"You did more than anyone else ever tried to do for us and no words can truly explain what that means to us."
"I can unequivocally claim that we have been very pleased with the work that your law firm has performed on our behalf. Our only regret is that we did not contact your firm sooner..."
"...Thank You. It is a small thing compared to what you did for me, I still am amazed at your generosity."
"[Biersdorf & Associates] knowledge and experience in the condemnation process stood out."
"Dan listened to me; some of the attorney's I have spoken to around my state do all the talking, but do not hear what we are saying."
"[I was] very satisfied. [We] got more money than the DOT offered. [It was] great working with Biersdorf & Associates."
Connect With Us
