Press Release: Successful Informational Meeting Held for Highway 18 Bypass Project
News
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Contact:
Stacy Dreher
612.339.7242
stacy@condemnation-law.com
SUCCESSFUL INFORMATIONAL MEETING HELD FOR HIGHWAY 18 BYPASS PROJECT
Biersdorf & Associates recently held a public informational meeting regarding the Highway 18 construction project in Prairie du Chien, Wisc.
The session was conducted by lead attorney Dan Biersdorf, who assisted property owners in understanding the importance of the eminent domain process. He also discussed property owner’s rights in eminent domain cases, along with the importance of hiring an eminent domain attorney early in the eminent domain process.
Biersdorf & Associates is a nationwide law firm that handles more eminent domain cases in Wisconsin courts than any other law firms, and only represents property owners. The firm also dedicates more than 95 percent of the firm’s efforts to real property valuation litigation.
With more than 20 years experience in property valuation litigation, Biersdorf & Associates is your premiere source for eminent domain law.
For more information regarding this project, please contact Stacy Dreher at stacy@condemnation-law.com or principle attorney Dan Biersdorf at 866.339.7242.
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Last call delayed for Cameron's
Danielle Cabot
Review Staff
With just 13 days until the end of the road for Cameron's Warehouse Liquor, the 115-year-old store received a new lease on life, until July 18 anyway.
Cameron's on Concord Boulevard in Inver Grove Heights is counting down the days until the oncoming rumble of reconstruction shuts down the business at its current location in the old village.
While a new location is the only possible future for the business, Dakota County has agreed to a new lease, extending the days of the "customer thank-you and forced move sale" until July 18.
The business had initially faced a closure date of May 31. But with nowhere to go, owner George Cameron called County Commissioner Nancy Schouweiler to see if anything could be done to stay just a bit longer.
"We've been trying to work with Mr. Cameron since the project started," said Schouweiler. The county has determined that construction can remain on schedule if the business remains open another two months.
Dakota County seized the property last August under eminent domain to make room for the expanded, rebuilt from below-the-ground-up Concord Boulevard, complete with new curb and gutter, turn lanes, storm sewer, retaining walls, sidewalks and bike trails.
The stretch of Concord from Cooper Path to the South St. Paul border is the second of a three-phase reconstruction. All in all, the county made eight total property acquisitions, five with willing buyers. A furniture store bought out in South St. Paul for the first leg of the project initially opposed the project, but a settlement was agreed to by both parties, and a property just south of Cameron's has yet to agree to an offer, according to the project's design engineer Tom Anton.
Cameron's was initially offered a payment just over $500,000.
A county arbitration panel came up with a new offer of $655,000 on May 6. Through negotiations, however, Cameron has made it clear that the building and the business are worth plenty more to him and his family. He doesn't know how much that number will ultimately be however. "There are too many unknowns," he said.
He added that the business hasn't found a new location because the money offered by the county would not cover the costs of purchasing a new building and lot as well as relocation costs.
"The appraisal of the property didn't really allow me to replace what I'm losing," he explained.
A commercial appraiser is brought in to determine compensation for properties acquired by the county, said Anton, and uses comparable recent sales to determine the value per square foot.
Now, Cameron and his attorney Dan Biersdorf, an eminent domain lawyer from Minneapolis, are planning on taking the county to district court. A 2006 law requires a minimum compensation level for properties taken through eminent domain. This could increase the amount paid to the business and cover the costs of relocating, not just the cost of the current property.
By the time the case gets to a hearing, the move should be over and an actual number for how much the relocation costs the business should be better established, said Biersdorf.
The case is also an opportunity to explore the new law and establish precedent in favor of whichever party prevails, the government entity and public works or the individual property owner, he said.
"It's probably not typical, but we're not surprised," said Anton about the impending lawsuit.
Cameron has 40 days from the arbitration panel's decision to file an appeal, which he said he intends to do. From there, court proceedings could take as long as a year.
Another option is an out-of-court settlement between the two parties.
"Certainly we'd prefer to reach a settlement to avoid the time and the costs of litigation," said Anton.
Either, way, Cameron said he plans to reopen in a new location in Inver Grove Heights.
In the meantime, the shelves at Cameron's are fully stocked, and the mood is light-hearted.
"I'm not going out of business. I have to move, but I want to keep the selection of product fully stocked until the last day when I have to pack everything up and move," explained George.
Customers and staff swap tales, familiar faces stop by to say "hello" after hearing the news and George claims business has hardly been affected by the economic woes. People are still spending money on liquor and beer, but they're taking their money to the store for a six pack, rather than to the bar for a cocktail, he said.
Once part of Inver Grove Village, the building itself once was a feed store and a grocery store before transitioning to a liquor store in 1972. George is the fourth generation proprietor. His grandfather and his grandfather's father were both postmasters, taking up shop within the grocery store to handle the village's mail alongside the produce and meat sections.
Danielle Cabot can be reached at southwest@lillienews.com or 651-748-7815.
Road project through Inver Grove Heights is forcing Cameron's Warehouse Liquors out of its historic store
A road project is forcing George Cameron out of the family store, built in 1890. He vows to reopen it, but he can't take the history with him.
Updated: 05/09/2009 05:30:27 PM CDT
George Cameron usually feels good when he gives his customers dynamite deals on beer and booze.
But the sale he started Monday at his Inver Grove Heights liquor store is hard to swallow.
"This is our forced-move sale," Cameron said as he pointed to a sign that announces Cameron's Warehouse Liquors is offering 20 percent off wine and 10 percent off liquor. "And our thank-you-customers sale."
The store, which has been in the "old village" since the 1890s, will close May 30 so Dakota County can rebuild Concord Boulevard. It's one of several pieces of land the county acquired through eminent domain.
Cameron, 59, is not going away quietly. The fourth-generation business owner is fighting the county over compensation for his property and building, which has served as a feed store, grocery store and village post office.
He vows to reopen but isn't sure when or where.
"I'm not happy with this move," said Cameron, noting that the steady traffic on Concord is good for business. "This is my livelihood."
Tom Anton, Dakota County design engineer, said the county has tried to minimize the amount of private property affected by the road project, which includes adding sidewalks and straightening the road.
Owners of four of the six major properties taken were willing to sell, he said.
"We tried not to impact the properties on both sides (of Concord)," he said. "We already owned a property — a former gas station — just south of Cameron's, so we made the hard choice to make a total acquisition of his land. It was not an easy decision."
A Family Business / Cameron's mother, Laurice, helps her son around the store six days a week, mostly doing paperwork.
"I like to say that this is where I come to rest," said Laurice Cameron, 86, who raised 11 children.
Built as a feed store in 1890, Cameron's building at 6566 Concord Blvd. is one of a handful that remain from the Village of Inver Grove Heights, local historian Lois Glewwe said.
Cameron's is believed to be the city's oldest continuously owned family business, Glewwe said.
Laurice's husband, also named George, was born in an apartment above the store and, like his father, ran the business all his life. He also was on the village council from 1947 to 1952 and served as mayor of Inver Grove Heights from 1968 to 1972. He died in 2003.
"We were just this little town," she said, "and people would always come in to talk to us about what they liked and what they didn't like. So George ran for the village council and then mayor."
Her son's earliest memories of working at the store are carrying groceries for customers and sorting soda bottles in the dark basement.
"My dad gave me my job, I think, when I was around 12," George Cameron said, then laughed. "I'm sure it was an easy decision for him."
Cameron's three brothers and seven sisters worked at the store, then eventually moved on to other things.
Over the years, the family has expanded the building twice. It's now about 4,500 square feet.
"We were a full grocery store," Cameron said, "with a meat department with three butchers, and produce and everything people needed."
In 1972, when business was hit hard by sewer and water construction that closed Concord, they switched to liquor only.
"We had to try something," he said. "And in 1972, this would have been considered a fairly big liquor store. Now, it's about average."
Bernie Schrom, of Newport, stopped by the store Wednesday to buy cans of Hires Root Beer, which he said is hard to find. "I had to quit drinking the regular beer many years ago," he said, then patted his stomach.
Schrom, 79, started shopping at Cameron's in the 1950s after he took a job at the Swift & Co. meatpacking plant in South St. Paul. He later became a South St. Paul police officer.
"This was the only place with groceries on my way home from work," he said. "It's always been the old standby."
Price Dispute / In June, a Dakota County district judge ruled the county could take land from a dozen landowners who were holding out, including Cameron.
The county appraised Cameron's land at $560,300 in 2007, but Cameron balked at that number. A second appraisal pegged it at $580,000.
On Thursday, a three-member panel of arbitrators determined Cameron should receive $655,000, said his attorney, Dan Biersdorf.
Biersdorf said Cameron is likely to appeal, and the issue will go to trial in district court.
"The issue of just compensation hasn't played itself out because he hasn't moved, and we don't know yet the extent of his losses," he said.
The case could end up in the state court of appeals, he said, because of a provision the Legislature enacted in 2006 that sets a minimum level of compensation when a property is taken for public use.
Road construction crews are creeping closer to Cameron's store every day.
The county completed the first of the project's three phases, a half-mile stretch in South St. Paul from Interstate 494 to just south of Dale Place, in 2007. The second phase, which includes Cameron's land and will run from 65th Street south to Cooper Path, is under way. In all, about four miles of Concord will be redone.
Cameron's customers are concerned.
"Everybody for the last six months has been asking what is going to happen, where we are going, and I don't know what to tell them," employee Cheryla Breakfield said. "I think people really feel sad. This place has been here forever, and they hate to see it go."
Cameron said he wants to rebuild or move into a new building, possibly in Inver Grove Heights, for his customers and his dozen employees.
"I told the county that we've been operating for 115 years," he said. "I said, 'That's a good streak ... and I don't plan on breaking it.' "
Wherever the liquor store ends up, Schrom said, he and the other customers would follow.
"I wish them the best of luck with everything," he said.
Nick Ferraro can be reached at 651-228-2173.
WRN interview with Dan Biersdorf about proposed WI legislation change
To listen to the complete interview, click here.
State looks at limiting attorney fees among changes to eminent domain law
The state wants to limit how much it must pay attorneys representing landowners whose property is being forcibly taken by the government.
Some attorneys are organizing opposition to that and related changes they saycould mean owners would not be able to afford legal help in trying to receive fair compensation for their land.
The Wisconsin Department of Transportation is proposing some changes relating to eminent domain, which is the government’s right to take land for public purposes.
The changes are included in the state budget, which is the topic of several public hearings this week and next.
The state budget public hearing closest to Kenosha is 10 a.m. to 4 p.m. Monday at the Case High School theater, 7345 Washington Ave., Racine.
Chris Klein, Wisconsin Department of Transportation assistant deputy director, said the law currently requires the state to pay attorneys’ fees in certain situations.
Some attorneys, rather than negotiate, advise their clients to accept the department’s initial offer and then file an appeal, he said, which is allowed by law.
The appeal could go to court, increasing both the fees and the price.
He said that approach in a Fond du Lac County purchase resulted in the state paying the landowners an additional $79,000 as well as $120,000 in the seller’s attorney fees, for example.
Klein said the department wants a $5,000 maximum payment to attorneys, saying that’s a fair amount in an average eminent domain case. He said surrounding states range from no payments, to 33 percent of the price paid to the landowner, to a portion of attorney fees in certain situations.
But Dan Biersdorf, with Biersford & Associates, which represents many landowners in eminent domain cases, said the DOT could avoid the extra costs if its first purchase offers were reasonable, rather than low.
“They just want to pay less money,” said Kelly Keady, also with Biersdorf & Associates, about the DOT. “The lowest price isn’t just compensation.”
Attorney rallies opposition to WisDOT rule
March 23, 2009
By Dustin Block
dustin.block@dailyreporter.com
An out-of-state attorney is organizing opposition to a Wisconsin Department of Transportation budget proposal that would make it more difficult to fight the agency over land seized for road projects.
The proposal limits the amount of attorney fees landowners can recover when challenging WisDOT over cases involving eminent domain, which is a state law allowing government to buy land for public projects. In some cases, landowners appeal WisDOT appraisals of land needed for road projects to get more money for their properties. But if the proposal becomes law, landowners appealing the WisDOT appraisals might end up owing their lawyers more money than they win in court, said Kelly Keady, an attorney with the Minneapolis law firm Biersdorf & Associates SC, which specializes in eminent domain cases. Essentially, the proposal would make it more difficult for landowners to contest WisDOT appraisals, he said.
"This is really giving people the shaft," said Keady, who said he represented several clients in Wisconsin who won higher sale prices from WisDOT through legal settlements or court cases.
The new law also would cost lawyers business, he said, because they would have to turn down winnable cases knowing WisDOT would not have to reimburse landowners for all of their attorneys fees.
"Cases where the state wants to take 10 to 20 acres from a farmer would not be economical to pursue," Keady said. Louis Prange, who owns a dairy breeding business in Fond du Lac, said he fought WisDOT for three years over land the agency needed to rebuild Highway 151. The state offered $14,000, and Prange eventually went to court and won $28,000 in 2007, he said.
Prange said his legal fees were more than the settlement amount, but the state had to cover those bills. Under WisDOT's proposed law, the agency would have had to pay legal fees equal to one-third of the increase in the final settlement. In Prange's case, that would have been about $4,700, which, he said, would have left him with a legal bill higher than his settlement.
WisDOT contends in its budget proposal the agency needs the new law because payouts in eminent domain cases increased from $5 million in fiscal year 2004 to $11 million in 2007. A majority of the increase appears to be going to property owners' legal fees, according to the budget proposal. WisDOT representatives did not return calls for comment before deadline. William Cosh, spokesman for the Wisconsin Department of Justice, which represents WisDOT in eminent domain cases, said the department has no comment.
Representatives from Biersdorf & Associates are planning to attend at least some of the state Legislature’s Joint Committee on Finance's six budget hearings around the state, Keady said. The firm, he said, wants more people around the state to speak against the proposal. "The way they slipped this into the budget bill, they don't want the community as a whole to know about this," Keady said. "It just smells sneaky."
Attorney Michael Bauer said he opposes WisDOT's proposal based, in part, on his experience defending the agency in eminent domain cases. He supervised the state's eminent domain lawyers while working for attorneys general Peg Lautenschlager and J.B. Van Hollen. Bauer said the experience left him believing WisDOT underbids property needed for road projects.
"There is institutional resistance to paying landowners just compensation," he said about WisDOT. Bauer, who now works on eminent domain cases with the Madison law firm Murphy Desmond Lawyers SC, described WisDOT's eminent domain proposal as "outrageous."
"It's the most anti-property owner proposal I've seen in the 20 years I've practiced law," he said. "They aren't trying to tweak the system. They're trying to uproot the entire (system)."
© 2009 Daily Reporter Publishing Co., All Rights Reserved.
March 23, 2009
NEWS RELEASE: PUBLIC MEETING TO BE HELD FOR PROPERTY OWNERS AFFECTED BY CLARKE COUNTY WATER SUPPLY PROJECT
A public meeting will be held for property owners affected by the Clarke County Water Supply Project at the Lions Club Room located at 100 S. Railroad Street in Truro on Tuesday, April 7th at 7 p.m.
The Clarke County Water Supply Project includes the development of a lake near Osceola in Southern Iowa that will serve as a regional water supply, provide water-based recreation, a new fish and wildlife habitat, and help control agricultural pollution.
The estimated area for the project is 32,946 acres, 6,000 of which are to be acquired through negotiations or condemnation by the county over the next two years. Approximately 20 land owners will have a portion of their property acquired as a result of this project.
The public meeting will be facilitated by eminent domain attorney Dan Biersdorf to answer any questions property owners have regarding their case, provide examples and case studies, give an overview of the Iowa eminent domain process, and discuss how to get full compensation for the loss of property.
Dan Biersdorf is the lead attorney at Biersdorf & Associates, a law firm focusing on eminent domain cases nationwide for the past 20 years and representing property owners only.For more information about this project or Dan Biersdorf’s comment on this issue, please contact Stacy Dreher or Dan Biersdorf at 612.339.7242 or stacy@condemnation-law.com.
March 18, 2009
NEWS RELEASE: PUBLIC MEETINGS TO BE HELD IN RESPONSE TO PROPOSED WISCONSIN LEGISLATION CHANGE RESTRICTING PROPERTY OWNERS’ RIGHTSEvery year, the Wisconsin Department of Transportation (WisDOT) acquires over 2,000 acres of land through negotiations and condemnation. The WisDOT recently drafted a new proposal that fosters eminent domain abuse by limiting the right of property owners to receive just compensation for their property when undergoing eminent domain.
Currently, attorney’s fees and costs are paid for in full by the government if the final award of compensation is 15% higher than the Government’s offer. If passed, this new legislation will limit the amount of attorney’s fees recoverable to 1/3 of the difference between the Government’s offer and the final award. Additionally, it will eliminate the right of landowners to pursue additional compensation once they sign off on the deed.
This proposal will greatly restrict the ability of property owners with a small claim to receive the highest value for their property since the cost of attorney’s fees in such cases is usually prohibitive if not paid for by the government.In an effort to show legislators the effects this proposal will have on property owners and their rights, the following public hearings will be held from 10 a.m. to 4 p.m. facilitated by the Joint Finance Committee.
Monday, March 23: Sparta. American Legion Hall, 1116 Angelo Road. Wednesday, March 25: West Allis. State Fair Park, Banquet Rm 2, 640 s. 84th St. Friday, March 27: Eau Claire. UW-Eau Claire Haas Fine Arts , 121 Water St.Saturday, March 28: starting at 9 am. Ashland High School auditorium listening session.Monday, March 30: Racine. Case High School theater. 7345 Washington Ave. Wednesday, April 1: Appleton. Lawrence University Stansbury Theater, 420 College Ave. Friday, April 3. Cambridge. Amundson Community Center, 200 Spring St.
Please help us curb eminent domain abuse by attending one of these meetings and voicing your concerns.
Dan Biersdorf, of Biersdorf & Associates, is an experienced eminent domain attorney that represents property owners only. These meetings are not facilitated by him, but he will be present at a few of the meetings.
For more information about this legislation proposal or Dan Biersdorf’s comment on this issue, please contact Stacy Dreher or Dan Biersdorf at 612.339.7242 or stacy@condemnation-law.com.
WI Law Journal
DOT wants to cap legal fees for takings
by Dustin Block
Dolan Media Newswire
January 14, 2009
The Wisconsin Department of Transportation wants to make it more difficult for property owners to contest the price the state agency offers when it acquires their land for public construction projects.
WisDOT wants to shut down a tactic used by lawyers to ensure the state, and not their clients, pays legal bills. But lawyers who represent property owners say the new law would give people few options to fight lowball offers for their land.
Now, property owners can hire attorneys because, if a court awards owners 15 percent more than the state offered for the land, the state will cover the entire legal bill.
Under the new law, the state would cap legal fees at one-third of the increased compensation awarded by the court. For example, if WisDOT offers $100,000 for a piece of land, and a court deems the land worth $160,000, the state would only pay $20,000 in legal fees.
The proposed changes are included in the department’s 2009-11 budget proposal and would affect all eminent domain cases in the state. In the proposal, WisDOT defends the new law because payouts in eminent domain cases increased from $5 million in fiscal year 2004 to $11 million in 2007.
A majority of the increase appears to be going to property owners’ legal fees, according the department, which restricted comment to the written justification for the new law included in WisDOT’s budget proposal.
Capping legal fees would be “devastating” to property owners’ rights in Wisconsin, said Dan Biersdorf, a Minneapolis-based attorney with Biersdorf & Associates who handles eminent domain cases around the country. Wisconsin property owners now have the right to take on WisDOT and have a court decide the fair value of a property, he said.
If fees are capped, Biersdorf said, attorneys won’t challenge WisDOT’s appraisals because they won’t get paid enough for their work. In many cases, it would cost property owners more to pay their attorneys than they would win in additional compensation, he said.
“It’s not cheap to fight one of these cases,” Biersdorf said. “DOT won’t roll over and play dead. They’ll challenge you as far as they need to go.”
In 1996, Biersdorf fought WisDOT all the way to the Wisconsin Supreme Court over an appraisal of farmland in Winchester. Biersdorf won an additional $86,000 for his 90-year-old client, and the ruling set state policy on how farmland was assessed in eminent domain cases, he said.
The case never would have happened if the state capped legal fees, Biersdorf said.
“I tell people they’re lucky they live in Wisconsin because you can battle WisDOT on level ground,” he said. “Now, it looks like they’re hanging the small guy out to dry.”
The proposed state law is designed to counter a strategy used by eminent domain lawyers to ensure their legal fees are paid by the state, said Tim Pruitt, a municipal attorney for Hostak, Henzl & Bichler SC, Racine. Now, attorneys advise clients to accept a government’s initial offer and then challenge the amount in court. Accepting the offer locks in the bottom line and makes it easier for attorneys to win the 15 percent increase in compensation needed to have their legal fees covered.
The new law would force property owners to negotiate up front with governments, and it limits owners’ appeal options. Both changes tip legal battles in WisDOT’s favor, said Gretchen Schuldt, of the advocacy group Citizens Aligned for Sane Highways.
“It’s the worst public policy even WisDOT has come up with in a long time,” Schuldt said.
“If WisDOT really, really screws up (an appraisal), it’s WisDOT who should pay.”
Todd Farris, an attorney with Milwaukee’s Friebert, Finerty & St. John SC, said he cannot think of an eminent domain case that did not end up in court. In many cases, there is a significant gap between the state’s appraisal and the property owner’s appraisal.
“Litigation is common, which I’m guessing is why (WisDOT) wants to change the law,” Farris said. “Property owners have a right for a jury, not DOT, to determine their property’s worth.”
He said in most cases, regardless of the outcome, property owners are not fairly compensated for land taken for public use.
Pruitt said he attended a seminar last year that laid out the strategy eminent domain attorneys use to win higher compensation for their clients. He said he left believing the best strategy for governments to avoid big payouts is to offer fair market value the first time around.
“If you make an appraisal in good faith,” Pruitt said, “you don’t have to worry about games being played.”
February 16, 2009
NEWS RELEASE: INFORMATIONAL MEETING TO BE HELD ABOUT THE PORTSMOUTH BYPASS CONSTRUCTION PROJECT
An informational public meeting regarding the construction of a new 4-lane highway around the City of Portsmouth, known as the Portsmouth Bypass Project will be held at 7:00 pm on Tuesday, February 17th, 2009 at the Ramada Inn—Shawnee Room located at 711 Second Street, Portsmouth, OH.
Dan Biersdorf, of eminent domain firm Biersdorf & Associates, will be speaking at the meeting from a property owner’s perspective. Biersdorf will give an overview of the eminent domain process, discuss property owner rights, talk about property valuation errors made by the OH Department of Transportation in relation to this project, and then open the floor to any questions that attendees may have. Dan will be available to conduct case evaluations after the meeting. Biersdorf has worked on eminent domain and other property valuation litigation cases for over 20 years.
The Ohio Department of Transportation plans to construct a new 4-lane highway around the City of Portsmouth. The construction of this project will require the DOT to use eminent domain to acquire the necessary property needed to complete the project. Property acquisition has already begun. For more information about the meeting or the project itself, please contact Stacy Dreher or Dan Biersdorf at 866.339.7242 or stacy@condemnation-law.com.
September 3rd, 2008
Attorney's Biersdorf & Creasy meet with property owners in Georgia
Attorney's Dan Biersdorf and Jim Creasy will meet with several key property owners today in relation to the highly publicized I-75 Interchange reconstruction projects occuring throughout the State of Georgia. Many property owners will be affected by eminent domain as a result of these interchange improvements. While funding for a lot of these interchange projects is not available, the State of Georgia is proceeding with the design phases and will begin the property acquisition phases as soon as ROW plans are submitted and approved, and funding is secured.
June 17th, 2008
Law may help land owners in Highway 14 project
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.
June 10th, 2008
INFORMATIONAL MEETING TO BE HELD REGARDING HIGHWAY 14 REALIGNMENT PROJECT FROM WASECA TO OWATONNA AND THE OWATONNA WEST BELTLINE PROJECT
An informational public meeting regarding the new Highway 14 Realignment Project from Waseca to Owatonna and the West Beltline Project will be held at 7:00 pm on Monday, June 16th, at the Owatonna Public Library, 3rd floor, located at 105 North Elm Avenue in Owatonna. .
Dan Biersdorf, of eminent domain firm Biersdorf & Associates, will be speaking at the meeting from a property owner's perspective. Biersdorf will give an overview of the eminent domain process, discuss property owner rights, talk about property valuation errors made by the MN Department of Transportation in relation to this project, and then open the floor to any questions that attendees may have. Dan will be available to conduct case evaluations after the meeting.
Biersdorf is originally from Owatonna and attended Owatonna High School. He has worked on eminent domain and other property valuation litigation cases nationwide for over 20 years. His central office is located in Minneapolis.
The Minnesota Department of Transportation plans to realign Highway 14 from Waseca into the South Side of Owatonna. This project will cross the new Owatonna West Beltline Project and continue East through the South side of Owatonna.
This project requires the DOT to acquire private property along Highway 14 and near 39th Avenue in Owatonna. Offers are currently being made to affected property owners.
For more information about the meeting or the project itself, please contact Stacy Dreher or Dan Biersdorf at 612.339.7242 or stacy@condemnation-law.com.
April 24, 2008
INFORMATIONAL MEETING TO BE HELD ON THE HIGHWAY 12 BYPASS PROJECT IN SAUK COUNTY, WI
An informational public meeting regarding the US Highway 12 Bypass Project will be held at 3:00 pm on Thursday, April 24, at The Baraboo Public Library, located at 230 4th Avenue in Baraboo. .
Dan Biersdorf, of eminent domain firm Biersdorf & Associates, will be speaking at the meeting from a property owner's perspective. Biersdorf will address frequently asked questions, give an overview of the eminent domain process, and then open the floor to any questions that attendees may have.
Biersdorf has worked on eminent domain and other property valuation litigation cases for over 20 years.
The Wisconsin Department of Transportation plans to construct a relocated freeway facility west of existing US 12 from I-90/94 south to the current four-lane roadway at Terrytown Road. A second section of the project will construct a relocated freeway facility from Terrytown Road south to Ski Hi Road.
This project requires the DOT to acquire some private property along Highway 12. Real estate acquisition has begun for the first section of the project, and will begin in 2008 for the second section.
For more information about the meeting or the project itself, please contact Litzy Everson or Stacy Dreher at 866.339.7242 or litzy@condemnation-law.com.
Michigan Passes Law Wiping Out Home-Based Businesses
March 6th, 2008
From Larraine Stanislaw, Michigan GAP Coalition:
In 2004, the Michigan Legislature passed a law (P.A. 495) placing new requirements on hundreds of businesses, and wiped out a whole industry of home-based businesses when the law took full affect in 2006. According to state records, 1,171 businesses were eliminated at that time. Some had served the public for over 20 years. These requirements were placed late in the legislative process into a bill funded by a powerful, politically connected special interest group that saw an opportunity to eliminate smaller competitors who couldn't meet the burdensome new requirements placed on them. It was discriminatory and arbitrary in its effect, and resulted in a regulatory taking of property by preventing property from being used the way it was prior to the law's passage. Without the state paying compensation to those who lost the use of their property, it also violated the civil rights of those affected. P.A. 495 set a dangerous precedent for all small businesses in Michigan. Placing requirements on businesses that standardize an industry and restrict free enterprise is a serious threat. Based on this action, any group of small businesses could be eliminated if targeted by larger competitors with the money and right political connections. The Mackinac Center for Public Policy published two reports documenting this law's intent and its devastating results. An attempt is now planned to address this through the judicial system since two amendments to undue some of the damage were squashed because so much money was behind 495's passage. The goal is to help the businesses affected, and prevent this from happening again by sending a message to the legislators that this type of action is unacceptable, damaging to the business community, and the state's economy. Biersdorf & Associates, (www.condemnation-law.com), specialists in condemnation law have agreed to handle the case. Because small businesses with limited resources were affected, a trust account has been set up to assist in acquiring the funds to pay legal costs associated with the case. Those affected are appealing to groups and organizations that promote free enterprise and property owners' rights for help. Michigan can't afford to lose any more businesses! Documenting how P.A. 495 affected all of the businesses, and finding adequate legal representation has been a huge task. Now the statute of limitations may eliminate the ability to file this case at the end of 2008, so funding is urgently needed. If you can help in any way, it would be greatly appreciated. Also, if you think this issue would be of interest to others, please feel free to forward this article to them. If you wish to provide financial support, contributions can be sent to: Biersdorf & Associates 33 S. 6th. Street Suite 4100 Minneapolis, MN 55402. Checks or money orders should be made out to: Biersdorf & Associates Trust Account. Please mark your donation, "Michigan GAP Coalition Case." Questions can be directed to: Larraine Stanislaw, Michigan GAP Coalition (810) 687-7678, Cell (810) 597-2262 Email: sbizconsult@netzero.net
Property Rights Project, Brought to you by the Independence Institute
October 11th, 2007
NEWS RELEASE: INFORMATIONAL MEETING TO BE HELD ON THE CEDAR GROVE REDEVELOPMENT PROJECT IN EAGAN
An informational public meeting regarding the Cedar Grove Redevelopment Project will be held at 10:00am on Thursday, October 11th, at the Cedarvale Lanes at 3883 Cedar Grove Parkway.
Dan Biersdorf, of eminent domain firm Biersdorf & Associates, will be speaking at the meeting from a property owner's perspective. Biersdorf will address frequently asked questions, give an overview of the eminent domain process as it pertains to redevelopment projects, discuss the property valuation mistakes typically made by the condemning authority, and then open the floor to any questions that attendees may have.
Biersdorf has worked on eminent domain and other property valuation litigation cases for over 20 years.
The purpose of this project is to redevelop and revitalize the Cedar Grove Commercial District at the intersection of Hwy 13 and Cedar Avenue in Eagan. The project requires the City of Eagan to acquire parcels of private property through eminent domain in order to complete the project.
For more information about the meeting or the project itself, please contact Stacy Dreher or Dan Biersdorf at 612.339.7242 or mail to: stacy@condemnation-law.com.
NEWS RELEASE: INFORMATIONAL MEETING TO BE HELD ON I-94 INTERCHANGE RECONSTRUCTION PROJECTS IN RACINE
An informational public meeting regarding the I-94 Interchange Reconstruction Projects will be held at 7:00 pm on Monday, July 30, at the YWCA of Racine located at 740 College Ave.
Dan Biersdorf, of eminent domain firm Biersdorf & Associates, will be speaking at the meeting from a property owner's perspective. Biersdorf will address frequently asked questions, give an overview of the eminent domain process, and then open the floor to any questions that attendees may have.
Biersdorf has worked on eminent domain and other property valuation litigation cases for over 20 years.
The purpose of this project is to rebuild several interchanges along Interstate 94 in Racine and Kenosha counties, which were originally constructed over 30 years ago. The project requires the Wisconsin Department of Transportation to acquire parcels of private property through eminent domain in order to complete the project.
For more information about the meeting or the project itself, please contact Litzy Everson at 866.339.7242 or litzy@condemnation-law.com.
July 24th, 2007
NEWS RELEASE: RE-SCHEDULED INFORMATIONAL MEETING TO BE HELD ON ROUTE 281 PROJECT IN CORTLAND
The previously scheduled informational public meeting regarding the Route 281 Project is re-scheduled for Tuesday, July 24th, 2007 held from 11am to 1pm at the YWCA located at 14 Clayton St. in Cortland.
Dan Biersdorf, of eminent domain firm Biersdorf & Associates, will be speaking at the meeting from a property owner's perspective. Biersdorf will address frequently asked questions, give an overview of the eminent domain process, and then open the floor to any questions that attendees may have. He will be available to evaluate your case and make sit visits after the meeting. A light lunch will be provided.
Biersdorf has worked on eminent domain and other property valuation litigation cases for over 20 years.
The purpose of this project is to widen Route 281 from Lime Hollow Road to the connector road for I-81. In the commercial zone it will be widened to five lanes, and in the suburban/rural area it will be widened to three. The project requires the New York Department of Transportation to acquire parcels of private property through eminent domain in order to complete the project.
For more information about the meeting or the project itself, please contact Stacy Dreher at 866.339.7242 or stacy@condemnation-law.com.
Six Buildings Set to Fall to Route 281 Expansion Project
By Christine Laubenstein
Staff Reporter
claubenstein@cortlandstandardnews.net
Joe McIntyre/staff photographer
Rush-hour traffic uses the intersection at
Rush-hour traffic uses the intersection at
Route 281 and McLean Road Monday. The
state plans to buy two gas stations, a house
and apartments to make way for major road
work to take place on Route 281.
CORTLANDVILLE - The state will demolish six buildings in the upcoming expansion of Route 281 and take some portion of land from 90 percent of properties along a 3-mile stretch of the road.
Property owners have been contacted about the state's intentions, said Gene Cilento, design project manager for the state Department of Transportation.
Utility relocations are scheduled to begin next summer while road construction is scheduled to take place in 2009 and 2010.
The project stretches along a short section of Route 13 north of Lime Hollow and stretches along Route 281 to Exit 12 in Homer.
Six buildings on five properties will be taken through eminent domain and demolished, Cilento said Monday.
They are:
* Mobile and Red Apple gas stations at the intersection of Route 281 and McLean Road;
* the recently closed Golden Lunch Restaurant at 3590 Route 281;
* a single-family rental property in front of Cortland Used Cars at 3600 Route 281; and
* a multi-family rental property and a 16-room home that also serves as TLT Inc., an accounting business, both at the intersection of Route 281 and McLean Road.
Only some of these property owners have received offers on their property, Cilento said.
Steve Malchak, who owns the single-family rental property in front of his used car lot, said the state has offered him $104,000 for the 1,500-square-foot house and about 27 feet of his blacktop car lot.
Malchak said the offer is too low, citing a recent appraisal by Dryden Mutual Insurance Co. that valued the house at $155,000.
He said he would file a lawsuit if he cannot negotiate a better offer.
Malchak plans to attend a public talk Wednesday from 10 a.m. to noon at the former Holiday Inn on River Street at which Dan Biersdorf, a Buffalo-based lawyer with the Minneapolis-based Biersdorf & Associates specializing in eminent domain, will speak.
Biersdorf will be speaking from a property owner's perspective. He will address frequently asked questions, give an overview of the eminent domain process and then open the floor to any questions.
Tammy Thomas, owner of the two properties at the intersection of Route 281 and McLean Road that will be taken by the state, said she has already talked to Biersdorf about representing her should she dispute the state's offer, which she has not yet received.
She suspects it will be too low because the state has already told her it is not considering the accounting business inside her home.
Other property owners less affected say they plan on suing the state for their offers.
Paul Gallow, owner of Pro Audio at 3904 Route 281, said he is not happy with the state's offer for taking about a third of an acre of his parking lot.
Gallow declined to say how much the state offered him or what he would have liked. He said the state will take the majority of his parking spots, though he declined to say exactly how many.
He did say, however, the seizure could result in him closing his business.
"I'll probably end up moving," he said. "I'm guessing I can't continue to do business with that few parking spots."
Most businesses along Route 281 affected by eminent domain will not see such significant changes to their property.
Route 281 Bowl Inc., for example, will lose 10 of its 50 parking spots, owner Scott Becker said, while William Cleary said he will lose land going back 35 feet from Route 281 of the 1.6 acres parcel he owns. The property, which is across from Luker Road, is vacant.
Both men say they have not yet received offers from the state.
Cilento said the state hopes to provide offers to all affected properties within the next few weeks, and close on all the properties by the end of this year.
Biersdorf & Associates Attorney, E. Kelly Keady, Presenting at the Road and Access Law Seminar
Biersdorf and Associates attorney, E. Kelly Keady, will be presenting at the Road and Access Law Seminar coordinated by the National Business Institute on June 13th, 2007. E. Kelly Keady will draw from 10 years experience in eminent domain law to discuss current case law and provide legislative updates.
Mr. Keady is admitted to practice law in Iowa, Minnesota and Wisconsin, where he has been practicing eminent domain for ten years. He earned his B.A. degree and his J.D. degree from St. Louis University. He is a member of the American and the Minnesota State bar associations, and is the well known author of The Cross of St. Maro.
The Road and Access law seminar will be taught by five leading attorneys who will discuss the finer points of resolving road and access law disputes. This fast paced seminar will explore the newest and best ways to provide the right advice when dealing with both public and private creations and use issues. Attendees will gain a thorough understanding of who supervises, manages and controls highways. They will discover what influences the scope of the road right of way and how it may affect their clients, and also learn how to handle title insurance, deeds and other transactions in ways that will hold up in court.
The Seminar will be held on June 13th, 2007 at the Embassy Suites in Bloomington, 2800 American Blvd West, Bloomington, MN 55431. Registration begins at 8:30am and presentations will be given from 9:00am-4:30pm. Mr. Keady will be presenting at 9:00am.
NEWS RELEASE: PUBLIC MEETING TO BE HELD ON THE JAMAICA REDEVELOPMENT PROJECT IN JAMAICA, QUEENS
The City of Jamaica will be facilitating a public meeting for property owners affected by the Jamaica Redevelopment Project on May 23rd, 2007 at 10:00am at the Queens Library located at 89-11 Merrick Boulevard. Property owners may express their views concerning the proposed Plan and the proposed acquisitions at this meeting. Attorney Dan Biersdorf will be attending this meeting to speak about eminent domain and answer any questions property owners have.
For more information about the project or meeting, please contact Stacy Dreher or Dan Biersdorf at 866.339.7242 or stacy@condemnation-law.com.
November 10th, 2006
NEWS RELEASE: INFORMATIONAL MEETING TO BE HELD ON HIGHWAY 41 RECONSTRUCTION PROJECT IN MARINETTE
An informational public meeting regarding the Highway 41 Reconstruction Project will be held at 7:00 pm on Thursday, November 10th, at the Stephenson Library at 1700 Hall Avenue in Marinette..
Dan Biersdorf, of eminent domain firm Biersdorf & Associates, will be speaking at the meeting from a property owner's perspective. Biersdorf will address frequently asked questions, give an overview of the eminent domain process, and then open the floor to any questions that attendees may have.
Biersdorf has worked on eminent domain and other property valuation litigation cases for over 20 years.
The purpose of this project is to widen Highway 41 to 4 lanes and bypass with cities of Oconto and Peshtigo. The project requires the Wisconsin Department of Transportation to acquire parcels of private property through eminent domain in order to complete the project.
For more information about the meeting or the project itself, please contact Litzy Everson at 866.339.7242 or litzy@condemnation-law.com.
Court: State wrong on farm deal Challenge clarifies rules for valuation in eminent domain
By Alex Hummel
Northwestern Oshkosh Daily Northwestern
July 9th, 2006
They say it doesn't pay to fight "city hall." But Bernice Spiegelberg went three rounds with Wisconsin's Department of Transportation over a land-take dispute and wound up undefeated.
Last month, the Wisconsin Supreme Court sided with the 89-year-old town of Winchester farmer owner, who filed a civil suit in 2003 arguing the DOT offered too little for about 11 acres of her 150-acre farm, land in the way of the planned expansion of U.S. Highway 10.
"This has been going on for five years, and she was left with the impression of why wouldn't the state -- why wouldn't they be honest," said Rick Luedtke, who farms Spiegelberg's land and has been speaking on her behalf throughout the court fight.
In taking the case to the high court and prevailing there, Spiegelberg not only got her price for the land, but may have established case law that strengthens the hands of other Wisconsin landowners in government versus property-owner spats.
The DOT needed pieces of three Spiegelberg parcels in the path of the planned and now-completed expansion of U.S. 10 through northern Winnebago County. It offered $18,900 for the land, priced as "one unit."
But Spiegelberg, unlike many property owners, wasn't satisfied. The first appraisal actually dates to 2001. She got a second-opinion appraisal, as allowed under eminent domain law. It calculated the land value as individual pieces: $84,200 total.
In November 2003, Spiegelberg's civil suit landed in Winnebago County Judge Robert Hawley's courtroom. Hawley sided with Spiegelberg, no jury trial needed. The state DOT appealed.
The dispute over how to value separate tax parcels under eminent domain represented uncharted territory, the appellate court reasoned. It advanced the case straight to the Wisconsin Supreme Court, citing "important public policy concerns," according to court records.
The high court ended a three-year-old court dispute two weeks ago. Spiegelberg won. She'll get $84,200 for the land.
"She was elated she won, but she wanted a fair price. She farmed all her life, and they split the farm in half (with Highway 10), and they gave her farmland prices," Luedtke said.
The state Department of Justice declined to comment on the court decision as a matter of policy. The attorney who represented the state in the case, Robert Jambois, was on vacation last week and unavailable for comment.
Big Picture Issues
It's unclear whether the court's ruling will send an inadvertent message to owners of larger, undeveloped chunks of property in the way of roads or public improvements: Divide it, and get more per acre from government.
In Spiegelberg's decision, the court ruled that "sale of the property as separate tax parcels would have been more advantageous, or the highest and best use, as compared with the sale of the property as a single unit. It would have also garnered a greater payment for Spiegelberg."
Spiegelberg's land was in smaller pieces for decades, Luedtke said. But does the court decision suggest farmers or property owners with an inkling that a road might cross their land someday are wise to start chopping big hunks into smaller tax parcels? Would they get more green out their greenspace from state or local government?
Dan Biersdorf, Spiegelberg's attorney, said he scoured the United States for laws and court decision with analogous questions and resolutions. Biersdorf said he could find none.
"We researched the whole country to find any other courts who had addressed this before," he said. "Obviously, it hadn't been done in Wisconsin. We couldn't find one in the whole country. So, this decision dealing with the tax-parcel issue is the first of its kind in the country. It's pretty significant coming out of Wisconsin."
Eminent domain has been a hot-button issue in recent years. In 2005, the U.S. Supreme Court issued its controversial "Kelo vs. New London" decision. In the case, the property owners challenged the city of New London, Conn. over the condemnation of ublighted, residential land. The court ruled in favor of the city. Critics fear a precedent giving government greater power in condemnation, able to more-easily rationalize the taking of citizens' lands.
Biersdorf said Spiegelberg's case, in a way, starts where Kelo ends.
Once government has cleared a condemnation, it must make every attempt to compensate the property owner based on the land's highest and best use. That, as the new court decision suggests, includes factoring the inherent value of more-developable pieces, escalating those parcels' individual values based on the division alone.
Closer to home, it's hard to say if that bodes well for land owners in a county rife with highway expansion projects, from U.S. Highway 41's conversion to six lanes through Oshkosh to plans for State Highway 45 and reconstruction of local roads.
"Now, even when they can legitimately take it from us, we know that the courts might be sympathetic to the plight we're facing as property owners," Biersdorf said. "That's the big message that's going to go to the layman."
Power to Fight
Biersdorf said a hearing was scheduled in Hawley's court on Thursday. There, his firm and state attorneys will begin the process of settling the bill for Spiegelberg's fight.
Because Wisconsin allows a victorious property owner fighting legal condemnation matters to have his or her court costs paid, the Wisconsin is on the hook for Bernice Spiegelberg's legal bills.
Biersdorf said while it's rare for a property owner to mount a legal fight against eminent domain condemnation, Wisconsin nevertheless empowers property owners with the legal-costs provision. The winner is covered by the loser.
Biersdorf said he wouldn't be present Thursday for the motion hearing, and was unsure what Spiegelberg's official tab would be.
The court case didn't flare up until 2003, when Spiegelberg got her second-opinion appraisal. But the eminent domain matter really dates back to 2001, when the first appraisal was made.
The U.S. 10 expansion through Spiegelberg's property has come and gone.
Spiegelberg's Oshkosh appraiser feels pretty good about the high court's decision. It essentially verified that his work was right, the DOT's was wrong. But Kurt Kielisch sees the final win as a bigger victory for the little guy.
Kielisch, president of Appraisal Group One, said the court's decision in favor of his valuation of Siegelberg's land would force state governments to more-closely heed the "best use" rationale when valuing individual tracts of private land under eminent domain.
Kielisch suggests the David and Goliath angle of Spiegelberg's also shows property owners aren't powerless.
"To me, that was just, like, huge." Kielisch said. "Her case has actually created a new law for appraisers to follow, which benefits the property owner, which eminent domain law is supposed to do... We don't get too many Supreme Court decisions coming out of little Winnebago County."
Alex Hummel: (920) 426-6669 or @thenorthwestern.com">
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