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Individuals, Businesses Must be Justly Compensated When Property is Taken for Public Projects
When the government takes private property for a public project, both the United States and the Minnesota Constitutions require that just compensation be paid for the taking.
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Minnesota Court of Appeals Strikes Down Sprinkler Rule
Larkin Hoffman real estate litigation attorneys Rob Stefonowicz and Bryan Huntington successfully obtained a declaratory judgment from the Minnesota Court of Appeals invalidating an administrative rule while representing the Builders Association of the Twin Cities (“BATC”). Specifically, BATC challenged a rule adopted by the Minnesota Department of Labor & Industry (“DLI”) requiring residential fire sprinklers in all newly-constructed single- and two-family homes, except for those single-family homes under 4,500 square feet (the “Sprinkler Rule”).
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Developer Who Sued State Gets $8 Million Jury Award
A Rochester real estate developer won a multimillion-dollar jury verdict this week in a years-long eminent domain dispute with the state of Minnesota.
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Condemnation Damages: A Property Owner's Constitutional Right to Just Compensation
Rob Stefonowicz discusses the implications of the government's power to condemn land and how it affects a property owner's rights.
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Property Owners’ Condemnation Bill of Rights
As a Minnesota property owner, you have certain constitutional and statutory rights when a local, county, or state government proposes to take your private property for a public purpose. Here is a list that we call our “property owners’ bill of rights” to inform and remind you of these rights.
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Contractors Beware EPA Lead Paint Renovation Rule Now in Effect
Contractors in Minnesota and throughout the United States that perform repairs or renovations that disturb lead-based paint (such as sanding, cutting and demolishing) in homes, schools and child-care facilities constructed before 1978 are now subject to new EPA regulations mandating certain “lead-safe practices.”
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Mechanic's Lien Case Law Update
The Minnesota Court of Appeals recently decided two matters with implications on mechanic’s lien foreclosure procedures. The first case involves lien apportionment. In this matter, a lienholder filed a blanket mechanic’s lien on a 41-acre residential development, but then sought to foreclose its entire lien against only three of the lots in the development.
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Protecting Your Mechanic’s Lien Rights
Property owners and construction professions should be especially aware of mechanic's lien laws during these difficult financial times. Minnesota's mechanic's lien laws are designed to protect both the property owner and the construction professional.
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Law Governing Construction Defects Sees Changes
Rob Stefonowicz reviews the Minnesota Legislature's response to the Camacho Decision and the newly established mandatory resolution process for construction defect lawsuits, known as Notice and Opportunity to Repair (NOR).
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