The power of government to "take" private property for a public purpose is known as the power of eminent domain. The government’s right of eminent domain is limited by state and federal constitutions, both of which require due process of law. What is commonly referred to as "condemnation" is the procedure used to determine whether or not there exists a valid public purpose for a governmental taking and the amount of just compensation to be paid to the landowner as guaranteed by the state and federal constitutions. Since 1929, the law firm of LeVander, Gillen & Miller, P.A. has vigorously represented landowners, as well as government entities, in the condemnation process.

Evaluation ~ The essence of a condemnation case involves an in-depth evaluation of both the fair market value of the property taken based upon the principle of highest and best use, as well as issues of severance and consequential remainder damages in partial takings. Our Eminent Domain Practice Group has extensive experience, resources, and experts available to provide you with a realistic and comprehensive evaluation of your case.

Procedure ~ The condemnation process is very different from other types of civil actions. Condemnation is a technical process dictated by statutory requirements and court rules, as well as fundamental state and federal constitutional protections. By focusing our practice on this specialized area of law, the attorneys in the Firm's Eminent Domain Practice Group are able to provide you with knowledgeable and experienced representation to ensure that you receive the best possible result.

Negotiated Settlements ~ The first step in resolving a condemnation case is generally the exploration of negotiated settlement options prior to hearing or trial. Our eminent domain attorneys are experienced at crafting creative approaches to resolve cases. This frequently results in outcomes far exceeding our clients' expectations.

Relocation Assistance ~ Individuals and businesses displaced as a result of a taking are often entitled to relocation assistance benefits. Our eminent domain attorneys understand the intricate state and federal laws and regulations applying to this area of law to ensure that you receive the maximum relocation assistance available.

Commission Hearings, Jury Trials and Appeals ~ If a negotiated settlement cannot be reached in your favor, our eminent domain attorneys are prepared to proceed to a condemnation hearing, and, if necessary, to a trial or appellate court. Thorough preparation, competent expert testimony, and aggressive and skillful advocacy are the elements of a successful case. Our seasoned trial attorneys conduct effective hearings and jury trials, as well as provide vigorous appellate advocacy. In addition, we invest in state-of-the-art technology, including computer graphics and displays, to ensure the most effective presentation of your case.

Over the years, the Firm's eminent domain practice has grown dramatically. At any given time, the Firm has cases pending in cities and counties throughout the State of Minnesota. The awards and settlements we have obtained for our individual clients range from several thousand dollars to millions of dollars.

Whatever the value of your case, you will receive thorough and responsive representation, candid advice, and vigorous advocacy at all levels of the process. We have the experience and expertise to provide a formidable challenge to an unjust taking or to obtain the award you deserve if your property is taken. Our reputation is built upon the results we obtain for our clients. Let us show you why we are among the most respected eminent domain attorneys in the state.