The government and large private utilities have an army of attorneys and consultants working for them when they want to take private property for public projects. Property owners can find an attorney who will work for them through the Minnesota Eminent Domain Institute (MEDI).
You Have Rights When the Government or a Utility Acquires Property
When the government or a utility acquires private property for roads, utilities, transit, or other public projects, property owners are often forced into an unfamiliar and stressful situation. The Minnesota Eminent Domain Institute (MEDI) is an association of experienced eminent domain attorneys dedicated to helping property owners understand their rights and receive fair treatment under Minnesota law.
Find an Attorney Who Works for Property Owners
Bruce D. Malkerson, Esq.
Firm Name
Malkerson Gunn Martin LLP
Website
https://www.mgmllp.com/bruce-malkerson-2
Phone number
Bruce Malkerson has over 50 years of experience representing developers and landowners in eminent domain, inverse condemnation, land use, and real estate disputes. He has overseen major development projects, successfully litigated landmark Minnesota cases, and served as a respected mediator in government and landowner condemnation disputes.
Bryan J. Huntington
Firm Name
Larkin Hoffman
Website
https://www.larkinhoffman.com/bryan-j-huntington
Phone number
Bryan's practice concerns the enforcement of property rights. His clients include developers, landowners, contractors, builders, billboard companies, condominium owners, landlords, and tenants. He has substantial experience representing developers, landowners, and contractors adversarial to governmental entities. He is a Minnesota State Bar Association Certified Real Property Specialist and a qualified neutral for mediation in Minnesota. He is licensed in Florida, Iowa, Minnesota, North Dakota, South Dakota, and Wisconsin.
David L. Sienko
Firm Name
DeWitt, LLP
Website
https://dewittllp.com/people/david-l.-sienko
Phone number
David represents landowners and businesses in eminent domain and real estate litigation involving complex issues. He approaches every matter with a practical, results-oriented mindset helping clients manage risk and achieve effective results.
Evan Nelson
Firm Name
Maslon LLP
Website
Phone number
Evan Nelson describes himself as a "death and dirt" lawyer. He represents clients in trust and estate disputes, which often come to a head after a family member has died, and in real estate litigation, including eminent domain, where clients dispute who owns and controls access to "dirt."
Harry Andrew Frankman, Esq.
Firm Name
Frankman Law Offices PLLC
Website
https://www.frankmanlaw-eminentdomain.com/
Phone number
Harry Andrew Frankman has spent his law career of over twenty years primarily representing landowners in eminent domain matters. Leland J. Frankman, founder & of counsel, has practiced in this field for almost sixty years. We have successfully represented many homeowners, businesses, farmers, and all types of landowners in this complex area of the law. Harry, a graduate of the University of Minnesota Law School (cum laude), has experience with other real property law matters and is licensed in Minnesota and Florida.
Jim Yarosh
Firm Name
Siegel Brill, P.A.
Website
https://www.siegelbrill.com/jimyarosh
Phone number
Jim's persistence, litigation strategy, and deep understanding of eminent domain law helped secure an unprecedented multi-million-dollar going-concern settlement for a business acquisition case.
Jon W. Morphew
Firm Name
Morphew Law Office, P.L.L.C.
Website
Phone number
I maintain a focused practice in the areas of eminent domain, relocation benefits law and real estate law. I represent homeowners, tenants, commercial property owners and businesses involving the government acquisition of private property and valuation throughout the State of Minnesota.
Leland J. Frankman, Esq.
Firm Name
Frankman Law Offices PLLC
Website
https://www.frankmanlaw-eminentdomain.com/
Phone number
Leland J. Frankman has practiced eminent domain law for nearly 60 years, representing both the State of Minnesota and, since 1970, landowners statewide. He has recovered millions for clients, authored and taught eminent domain law, served as a mediator, and continues practicing with his son, Harry Andrew Frankman.
Michael Rajkowski, Esq.
Firm Name
Evenson Decker, P.A
Website
https://www.evensondeckerlaw.com/attorney/rajkowski-michael-c/
Phone number
Mike Rajkowski has over 34 years of legal experience and is a dedicated advocate for Minnesota landowners in eminent domain and condemnation cases. He has represented clients in major projects, including CapX2020, and successfully argued eminent domain cases before the Minnesota Supreme Court.
Patrick B. Steinhoff, Esq.
Firm Name
Malkerson Gunn Martin LLP
Website
https://www.mgmllp.com/patrick-steinhoff
Phone number
Patrick Steinhoff is an experienced eminent domain and land use attorney representing clients in condemnation, inverse condemnation, zoning, and real estate litigation. A graduate of the U.S. Military Academy and University of Minnesota Law School, he advocates for property owners in state and federal courts.
Rob A. Stefonowicz, Esq.
Firm Name
Larkin Hoffman
Website
https://www.larkinhoffman.com/rob-a-stefonowicz
Phone number
Rob Stefonowicz is an accomplished trial and appellate attorney with extensive experience in eminent domain, real estate, land use, and construction disputes. Chair of Larkin Hoffman's Real Estate Litigation Practice, he previously led the Hennepin County Bar Association's Eminent Domain Section and earned Minnesota Lawyer's Attorney of the Year award.
Scott M. Lucas
Firm Name
DeWitt, LLP
Website
https://dewittllp.com/people/scott-lucas
Phone number
Scott Lucas represents clients in real estate matters including transactions, land use disputes, eminent domain proceedings, and title litigation. He is certified by the Minnesota State Bar Association as a Real Property Specialist and has been recognized as a “Super Lawyer.” Scott serves on multiple Bar Association committees and is a frequent speaker on real property law.
Stuart Alger
Firm Name
Alger Property Law, P.L.L.C.
Website/website page link:
Phone number:
With a client-centered approach and a dedication to achieving optimal outcomes, Alger Property Law is committed to delivering superior legal services that empower our clients to protect and maximize the value of their property. Areas of Practice: Eminent Domain: Protecting your interests when your property is threatened with condemnation under the power of eminent domain. Property Tax and Special Assessment: Ensuring your property is taxed fairly and equitably. Land Use Planning and Zoning: Navigating zoning regulations and land use entitlement process. Development Projects: Providing strategic guidance and legal support in the development process. Property Disputes and Litigation: Protecting your interests and resolve conflicts efficiently. Government Relations and Advocacy: Advocating for your interests before government agencies and authorities to facilitate project approvals and compliance.
Elected to Super Lawyers 2022, 2025
Property Owners Often Contact MEDI When
- They receive a letter from a government agency.
- They are concerned about a property acquisition offer.
- Their home, business, or farm may be affected.
- They want to understand compensation rights.
- They are facing relocation questions.
- They simply want to know their options before signing documents.
Don’t Navigate the Process Alone
About the Minnesota Eminent Domain Institute
FAQs
What is eminent domain?
When the government or a utility clothed with governmental power wishes to take over private property for public use, matters can quickly become complicated.
Ordinarily, a government may exercise eminent domain only for a “public use.” A common example is the taking of land to build or expand a public road or highway. Public use could also include the taking of land to build a school, municipal building, for a public park, to install a high voltage transmission line, or (under limited circumstances) to redevelop a “blighted” property or neighborhood. But whether the proposed use is public, necessary, and legal may be a matter of fierce dispute.
Typical Process of Eminent Domain
The following steps are typical when your home or business is being acquired for a public project:
The government attempts to negotiate the purchase of your property.
If you do not wish to sell, the government files a court action to request the right to exercise eminent domain and provides notice of the hearing on its request as required by law.
At the hearing, the government must demonstrate that it engaged in good faith negotiations to purchase the property, but that no agreement was reached. The government must also demonstrate that the taking of your property is for public use and is reasonably necessary for the use, as defined by law. You are given the opportunity to respond to the government’s claims and make recommendations for court-appointed commissioners.
If the government is successful in its petition, commissioners are appointed by the court, and the government will usually pay or deposit the amount of its approved appraisal of value and take ownership of the property it seeks. Commissioners will then preside over proceedings that end in an award of just compensation.
If neither the government nor you are satisfied with the commissioners’ award, either side may appeal the award to a jury trial.
What is Just Compensation?
Usually, just compensation is the fair market value of your property before it is taken, less the fair market value of your property after it is taken—the so-called “before-and-after rule.” If the parties do not agree on the values, appraisers are almost always necessary to provide an expert opinion on property values.
Sometimes, if a taking destroys a business, an owner may receive, in addition to property damages, damages for the loss of their business concern. The legal complexities in this area are best handled by a competent attorney who specializes in eminent domain law.
If an owner must relocate, the owner is entitled to what is called minimum compensation—meaning, the value of a comparable property in the community. This may be more than damages determined in a typical condemnation case.
Can I really fight the government and win?
Absolutely. MEDI is made up of experienced attorneys who do just that. With good information and knowledge of the laws you can not only win, but sometimes force them to pay some, or all of your costs.
If I hire an attorney, that will cost me more money, so I am hesitant to do that. Am I right?
Most eminent domain attorneys will talk to you initially as a no cost consultation. Also, many attorneys can be hired on a fee arrangement where they get paid a percentage of money OVER the government’s offer. Let’s say you hire an attorney and they get you $100,000 more than the government’s offer. If you agreed to pay them one-third (1/3), you will get $66,000 more by hiring that attorney.