Minnesota Condemnation and Adverse Possession Attorneys
- Award-Winning Law Firm
- State & Federal Court Experience
- Experienced MN Litigators
- Serving Minnesota Since 2003
Minnesota Condemnation and Adverse Possession Attorneys
Few real estate disputes are more consequential than those that call into question where your property ends, what rights others have to use it, or whether a government entity can take it.
Burns & Hansen represents Minnesota property owners in condemnation, eminent domain, adverse possession, prescriptive easement, and other disputes involving fundamental property rights. We help clients understand what is being claimed, gather the evidence needed to establish their rights, and pursue appropriate remedies when the ownership, use, or value of their property is threatened.
Why Burns & Hansen for Condemnation & Adverse Possession
When you work with Burns & Hansen, you benefit from:
- Substantial experience with Minnesota real estate law and disputes involving ownership, use, boundaries, and property rights.
- Litigators prepared to protect your interests when the government or another party challenges your property rights.
- Experience working with surveyors, appraisers, and other professionals when property boundaries, historical use, or valuation are contested.
- Counsel that considers not only the property being taken or disputed, but also the effect a claim may have on access, development potential, use, and the value of the property as a whole.
- Attorneys experienced in examining deeds, surveys, property records, historical use, and other evidence that can determine the outcome of adverse possession and prescriptive easement disputes.
- Real estate and land use capabilities that provide important context when condemnation or another property-rights dispute affects development or permissible uses.
- Appellate capabilities when a significant property-rights decision warrants further review.
Common Situations We Can Help With
You may benefit from legal counsel if you're trying to:
- Respond to a government entity seeking to acquire your property through eminent domain.
- Determine whether the compensation offered for condemned property is fair.
- Address a partial taking that affects access, development potential, or the value and use of the remaining property.
- Evaluate a condemnation claim with the assistance of appraisers, surveyors, or other professionals.
- Assert or defend against an adverse possession claim.
- Resolve a dispute involving long-standing use of neighboring property.
- Establish or challenge a prescriptive easement.
- Address a boundary, driveway, access, or encroachment dispute involving competing property rights.
- Evaluate surveys, deeds, historical property records, or evidence of prior land use.
- Litigate a property-rights claim that cannot be resolved through negotiation.
- Have another condemnation, adverse possession, or property-rights matter, or aren't sure whether your situation fits one of these categories. Contact Burns & Hansen to discuss your situation with an attorney.
Frequently Asked Questions Condemnation & Adverse Possession
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What types of property-rights disputes does Burns & Hansen handle?
We represent property owners in condemnation and eminent domain matters, adverse possession claims, prescriptive easement disputes, boundary and access disagreements, and other disputes involving the ownership, use, or value of real property.
What is condemnation in Minnesota?
Condemnation is the legal process through which a government entity or other authorized body may acquire private property for a qualifying public use through eminent domain. Property owners have rights during that process, including rights related to compensation for the property taken.
How is compensation determined in an eminent domain case?
The appropriate compensation depends on the property and the nature of the taking. Valuation may require consideration of the property acquired as well as the effect a partial taking has on access, development potential, use, or the value of the remaining property.
Can I challenge the amount offered for property being condemned?
Depending on the circumstances, yes. Property owners do not necessarily have to accept the government's initial valuation. Burns & Hansen can evaluate the proposed taking and compensation and, when appropriate, work with valuation professionals to develop evidence supporting the owner's position.
What is adverse possession?
Adverse possession is a legal doctrine through which someone may claim ownership of another person's land after possessing it in a manner that satisfies specific legal requirements for the required period. These cases often turn on detailed evidence concerning the history and use of the property.
What is a prescriptive easement?
A prescriptive easement involves acquiring a right to use another person's property through qualifying use over time. Unlike adverse possession, a successful prescriptive easement claim generally concerns a right of use rather than ownership of the property itself.
What evidence matters in an adverse possession dispute?
Evidence may include surveys, deeds and other property records, photographs, fencing or improvements, and testimony about historical use. Because these claims often concern conduct extending over many years, establishing an accurate history of the property can be particularly important.
Does Burns & Hansen litigate and appeal property-rights disputes?
Yes. Our attorneys pursue and defend condemnation, adverse possession, prescriptive easement, and related property-rights claims when an acceptable resolution cannot be reached outside of court. Burns & Hansen can also evaluate significant judgments for appellate review and provide appellate representation when appropriate.
Speak With a Minnesota Property Rights Attorney
Condemnation, adverse possession, and prescriptive easement claims can permanently affect the ownership, use, or value of real property. Understanding the nature of the claim and the evidence supporting your position can be critical before important decisions are made.
Contact Burns & Hansen to discuss a condemnation, adverse possession, or other property-rights dispute in Minnesota.
