MN High Court Sorts Out Poorly Drafted Eagan Development Plan

Minnesota case law summary by Attorney Richard Clem: eminent domain.

Eagan Economic Development Authority v. U Haul Company of Minnesota. MN eminent domain.

In this eminent domain action, the court considered a redevelopment plan which it called "poorly drafted" in that the "imprecise language" made interpretation "challenging." Property owners argued that the plan required the Economic Development Authority to have a binding development agreement before it could condemn property. The Supreme Court, Paul H. Anderson, J., held that a prior binding agreement was not necessary in this circumstance.

The Supreme Court remanded to the Court of Appeals for consideration of property owners' additional objections, such that the use of the property was not a public use.

No. A08-767 (Minn. July 29, 2010).

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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