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Dan Biersdorf

DAN BIERSDORF is the lead attorney for Biersdorf & Associates and is licensed in the following states:  Minnesota, Wisconsin, Michigan, Pennsylvania, New York, Florida, Oklahoma, Texas, Colorado, Oregon and Washington.  He has also been admitted pro hac vice in several states.

After graduating from the University of Minnesota with a Bachelor of Science in Mechanical Engineering in 1973, he attended the University Of Minnesota School Of Law where he received his Juris Doctor in 1976.

Biersdorf began his legal career as the assistant prosecuting attorney with the Hennepin County Attorney’s Office in Minneapolis from 1977 to 1983 and then worked as a trial attorney for a mid-sized corporate law firm in Minneapolis from 1983 to 1988.

In 1988, he started his own firm, Biersdorf & Associates on the principle that property owners Fifth Amendment rights must be asserted and upheld.  Since the firm’s inception, Dan has focused on large eminent domain cases around the country that have redefined the law in favor of property owners.

Download Biersdorf’s Curriculum Vitae.

Experience in eminent domain and other property valuation cases

Dan has experience with handling property valuation cases dealing with the following types of properties:

  • Agricultural property
  • Natural gas storage
  • Apartment complexes
  • Automobile dealerships
  • Beachfront property
  • Commercial development property
  • Corporate headquarter complexes
  • Food processing facilities
  • Industrial buildings
  • Office buildings
  • Quarries
  • Residential property
  • Residential development property
  • Restaurants
  • Shopping centers
  • Subsidized housing
  • Warehouses

Dan has extensive trial experience and has handled cases where the value of a single property involved was up to $57,000,000.  He has recovered millions of dollars for property owners during his career handling eminent domain and property valuation cases.  He has represented property owners in fourteen states around the country ranging from Florida to Alaska.

Noteworthy Legal Cases

Minnesota Supreme Court

  • Obtained beneficial ruling for property owners regarding the determination of contamination value before the Minnesota Supreme Court.
  • A decision from the Supreme Court will be issued shortly for County of Dakota vs. Cameron, which involves MN § 117.187 “Minimum Compensation Statute”.  This is the first case heard on this issue at the appellate level.
  • A decision from the Supreme Court will be issued shortly for County of Dakota vs. Cameron, which also involves MN § 117.031 on the issue of attorney fee recovery.  This is the first case heard on this issue at the Supreme Court level.

Minnesota Court of Appeals

  • State of Minnesota vs. Debra Jean Johnson, Randy C. Johnson, et al. involves MN § 117.031 on the issue of attorney fee recovery.  The Court of Appeals has stayed judgment until the Supreme Court issues a decision on County of Dakota vs. Cameron.
  • County of Scott vs. Terry D. Johnston and Donald T. Johnston is currently on appeal and involves MN § 117.031 on the issue of attorney fee recovery.
  • The court of appeals used our case, City of St. Paul vs. Yermolenko LLC, to determine whether an owner qualifies for a Minimum Compensation claim when the fee owner is not the same as the business owner.

Wisconsin Supreme Court

  • In Spiegelberg vs. State of Wisconsin, obtained an expansive valuation ruling favorable for property owners with multiple parcels affected by an eminent domain taking. This decision is known throughout the country as the “Spiegelberg Rule”.
  • In State vs. Ryan, the Wisconsin Supreme Court adopted our position of the property owner relative to the application of summary judgment to forfeiture procedures.
  • The Supreme Court used our case, 260 North 12th Street, LLC vs. Wisconsin DOT, to determine the impact of contamination on value in eminent domain.

Wisconsin Court of Appeals

  • In The Landings LLC vs The City of Waupaca and Meis vs The DOT, gained favorable procedural rulings for property owners in eminent domain cases.

New York Appellate Division

  • In The Matter of FFT Senior Communications vs The Town of Canandaigua, obtained a beneficial ruling for property owners regarding the valuation methodology for certain senior living facilities.
  • Tehan’s Catalog Showrooms, Inc vs The State of New York is currently on appeal and involves the valuation for property owners with multiple parcels affected by eminent domain, a.k.a the “Spiegelberg Rule”.

Oklahoma Court of Appeals

  • Stephens Production Company vs. Nellie Allen, et al is currently on appeal and involves valuation issues pertaining to natural gas storage facility mineral rights and easements.

Speaking

  • Minnesota State Bar Association, Real Estate Institute, MN, 2001, Property Tax Exemption.  Presented on a four person panel discussing property tax exemptions.  The seminar is conducted annually by the CLE Real Estate Institute and covers all aspects of real estate matters.
  • Under the Rainbow – Now What? Nonprofits and Property Tax Exemptions, Minnesota Continuing Legal Education, MN, 2009.  Presented on a three person panel discussing Under the Rainbow Child Care Center vs. Goodhue County, the current moratorium, the proposed and past legislation, and the future impact on the nonprofit community as a result of this case.  Dan Biersdorf represented Under the Rainbow Childcare Center in their property tax appeal to the MN Tax Court and the MN State Supreme Court.
  • The Richnek Seminar: Mock Congressional Hearing, Emory Law School, Atlanta, GA, 2011.  Provided testimony on behalf of the Harris Neck Land Trust during a mock congressional hearing at Emory Law School in Georgia.
  • Hennepin County Bar Association, MN, 2011. Attorney’s Fees and Minimum Compensation Revisited: Cameron Liquors Warehouse and recent district court cases.  Presented on County of Dakota vs. Cameron, one of his current cases on appeal involving MN § 117.187 “Minimum Compensate Statute”.
  • International Right of Way Association (IRWA) 58th Annual International Eduction Seminar, Seattle, WA, 2012.  Who pays for what?  The intersection of condemnation and contamination.  Debate style presentation on contamination valuation issues related to eminent domain takings.  Biersdorf represented the property owner during the debate.
  • 2013 Annual BV Conference, St. Paul, MN, 2013.  Understanding Minimum Compensation in Eminent Domain.  Co-presenter with appraiser David Reach of the Valuation Group.
  • 17th Annual Oregon Land Use Law, December 2013.  Regulatory Takings: The Crossroads Between Land Use Regulations and Eminent Domain.  Revisiting the foundations of regulatory takings in Penn Central and Lucas; exploring exactions from Nolan and Dolan to current cases, discussion of recent Supreme Court decisions.

Connect with Dan Biersdorf on LinkedIn.

 

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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…”

- Jerald Lang,Marshfield, WI

“[I was] very satisfied. [We] got more money than the DOT offered. [It was] great working with Biersdorf & Associates.”

- Roland Thomas,Lowman, NY

“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.”

- Theresa Cornell,Milton, WV

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