The Legal Fundamentals in Construction and Real Estate
The construction industry is governed by many rules and regulations that are constantly tested in state and federal courts. Larkin Hoffman shareholder Bryan Huntington has taken on the challenge of creating a series of articles defining the legal fundamentals of real estate law most important to this industry. Bryan explains, in plain language, the key legal concepts and terms commonly used in real estate law, identifies issues that regularly lead to disputes, and describes how controversies in each area are resolved.
Eminent Domain
The first subject matter to be considered in this series is the law of eminent domain, also known as the law of takings. Takings law can be a confusing subject matter because a single article may discuss takings, eminent domain, condemnation and inverse condemnation, all without ever defining the meaning of these terms. Bryan starts with a commonsense explanation of the terms and walks the reader through the basic processes involved in the various forms of takings.
Municipal Special Assessments
Special assessments are used to fund all manner of local improvement projects, including road, sewer, and water improvements. Any private landowner—residential, commercial, and even the religious—may someday receive a notice advising of a contemplated assessment against their property. A special assessment notice is not something to be ignored. If left unpaid, a special assessment ultimately becomes a lien against the property that may considerably drag down the land’s marketability. In this installment, Bryan focuses on the special assessment adoption process; the manner of preserving and perfecting an appeal of a special assessment; and the district court review process.
The mechanic’s lien is one of the most powerful remedies available under the law. The lien is a right afforded to general contractors, subcontractors, and suppliers that, when preserved by following certain steps, grants the right to record a lien against benefited real property, foreclose on that property by action, be compensated out of the sale proceeds, and recover the attorneys’ fees and costs incurred in the action. A mechanic’s lien is a strong incentive for landowners to ensure that contractors and suppliers are promptly and fully compensated for their services. In this piece, Bryan focuses on the mechanic’s lien remedy under Minnesota law.
Challenging a Local Government’s Decision on a Land Use Application
For most controversies relating to a proposed use of land, the local government permitting process will be the initial battleground between the project proponent and opposing persons. Whether the government body grants or denies the land use application(s), many such battles find their way to court. The judicial process can take years to reach a final resolution, during which time the status of the development can be in doubt. The type of judicial review will vary depending on what subdivision of government is involved (e.g., city, township, or county) and the type of land use application at issue. Some cases go to district court. Others go to the court of appeals. Failure to bring suit in the right court can be fatal as a strict statute of limitations controls the deadline for judicial review. In this article, Bryan focuses on judicial review of local land use decisions.
By Bryan J. Huntington, Larkin Hoffman
Future Topics
In the near future, Bryan will address the Minnesota Environmental Rights Act. He would also be happy to entertain suggestions from members of AGC for other topics. All the articles noted above may be found here.
