Cases involving the taking of land through eminent domain for recreational bike trails make their way through the Minnesota appellate courts. On June 16, 2009, the Minnesota Court of Appeals handed down an important decision concerning landowners who face the possibility of losing their land to a city or county for a project that would benefit the Department of Natural Resources (DNR).

In Mower County v. Heimer, Mower County initiated eminent domain proceedings against a number of landowners who were unwilling to surrender their land for the purpose of a recreational trail. The landowners argued that the proceedings were improper, because Mower County lacked authority to acquire property for the benefit of the DNR. However, the Court determined that because the DNR is not explicitly prohibited from acquiring land from another public entity, the fact that the land acquisition would be for the benefit of the DNR was irrelevant. The Court held in favor of Mower County.

However, a case which presents similar legal and factual issues, City of Granite Falls v. Soo Line R. Co., is currently pending before the Minnesota Supreme Court. In City of Granite Falls, the city took property owners land for a recreational/bike trail in conjunction with and for the direct benefit of the DNR. The property owners have argued that since the DNR cannot condemn land for the trail themselves, then how can they have another governmental entity do it for them and then pay for the property so they can develop and own it? It is a backdoor approach which allows the DNR to accomplish what they have no legal right to do. Landowners who may be affected by eminent domain are advised to pay attention to this case as it may overturn the Mower County case.

We are currently handling a very similar case in Fillmore County which is captioned as City of Preston, MN v. Vernon W. Ristau, et al. If your land is being taken by eminent domain call us for a consultation of your rights and options.