A Closer Look at Minneapolis Eminent Domain Law and HOAs: A Mound, Minnesota, Case Study

In my previous blog post, I covered the rights condo and townhome owners have when the government takes part of a community’s common areas through eminent domain. In this post, I want to take a closer look at this complicated area of Minneapolis real estate law.

Eminent Domain Case in Mound, Minnesota

In early 2018, the Met Council reached out to the HOA of a community in Mound, Minnesota, notifying the organization that the Council intended to purchase part of the community’s common areas through eminent domain. The Met Council will use the land to construct a new sewer line along the road entrance to the community. 

While the Council’s plan only affects the edge of the property, it will have a major impact on the visual appeal of the entrance to the community. The Council plans to remove trees and professional hardscaping and landscaping that add curb appeal and beauty. It also plans to remove lighting that makes the entrance visible and safe for vehicles and pedestrians. 

Effects of the Mound, Minnesota, Met Council Project on Property Owners

During construction, noise and dust will make it difficult to enjoy outdoor common areas and even the porches and decks of individual homes. Vibrations from jackhammering and excavation could cause damage inside homes, too, knocking paintings off walls and items off shelves.

The construction will also make it difficult to enter and exit the community. There is only one access point to the county road adjacent to the property, and the sewer line project runs right through it. Construction could cause delays getting to work and appointments and block drivers’ view of oncoming traffic.

Once the construction is complete, the removal of mature trees from the common area will reduce the aesthetic appeal of individual homes. It will also remove the buffer to a busy county road, reducing privacy and increasing exasperating noise.

Not only will the Met Council project be a nuisance for property owners during construction, it will affect the price a buyer would pay a seller for one of the individual homes in the association. That’s why individual property owners are entitled to compensation from the government for the construction project happening in community common areas.

Wondering if an upcoming road or other public works project will affect the common areas in your community? Contact real estate attorney Jon Morphew of Morphew Law today to learn about your rights as an individual property owner.