The United Heroes League works to ensure that children of military service members across the U.S. are afforded the opportunity to participate in sports, thereby helping these families heal, build friendships, and engage in their communities. Their new outdoor ice rink in Hastings will host Hockey Day Minnesota in 2026.

To learn more, go to: United Heroes League.

Jon advises clients on matters involving agricultural and commercial real estate sales and dispositions, agricultural and commercial leasing, commercial development, financing transactions, and zoning and land use matters. He serves as general counsel to a broad array of clients, including several institutional investors, equipment manufacturers, lenders, farmers, and manufactured housing community owners in connection with complex farmland and manufactured housing community acquisitions.

With an interest in sports from an early age, Jon went on to play high school hockey at Breck School in suburban Minneapolis and college hockey at the University of Colorado.

The event will be held at the St. Thomas Opus College of Business in Minneapolis. It has been approved for two hours of real estate credits with the Minnesota Department of Commerce.

For more information, go to Finance & Commerce: Mid-Year Real Estate Update 2022

Jon has significant experience practicing in all facets of the commercial real estate life cycle, including real estate acquisitions and dispositions, commercial and agricultural leasing, title and survey due diligence review, real estate financing, and land use, entitlement, and permitting projects—with particular depth in the agribusiness and manufactured housing industries. Jon serves as general counsel to a broad array of clients, including several institutional investors, equipment manufacturers, lenders, farmers, manufactured housing community owners in connection with complex farmland and manufactured housing community acquisitions. Across all, he aims to add maximum value to his clients by focusing on their key needs, providing creative solutions, and delivering deadline-driven results.

One hour of Real Estate Credits have been applied for with the Minnesota Department of Commerce.

To register, go to: Commercial Real Estate Forum.

Those who are unable to attend the live forum are urged to register; organizers will send a recording and accompanying slides after the presentation.

Jon is a partner with significant experience practicing in all facets of the commercial real estate life cycle, including real estate acquisitions and dispositions, commercial and agricultural leasing, title and survey due diligence review, real estate financing, and land use, entitlement, and permitting projects—with particular depth in the agribusiness and manufactured housing industries. Jon serves as general counsel to a broad array of clients, including several institutional investors, equipment manufacturers, lenders, farmers, manufactured housing community owners in connection with complex farmland and manufactured housing community acquisitions. Across all, he aims to add maximum value to his clients by focusing on their key needs, providing creative solutions, and delivering deadline-driven results.

As litigation attorneys, Jason and Cyri represent railroads, real estate companies, design professionals, contractors, suppliers, owners, financial institutions, and other public and private entities in a variety of real estate and construction litigation matters. Both regularly appear on behalf of clients in state and federal courts, arbitrations and administrative proceedings in Minnesota and nationwide.

To read the full article, go to: Finance & Commerce – "Three Considerations for Post-Pandemic Real Estate and Construction Litigation."

To register, go to: MN NAELA Chapter CLE: Signing Nursing Home Admission Contracts for a Loved One.

Evan focuses his practice on property rights - from making sure landowners get just compensation when their property is condemned to representing trustees and beneficiaries in trust disputes. He also represents clients in commercial disputes and product liability defense litigation. Additionally, he maintains an active pro bono practice, with significant experience in environmental and administrative litigation.

Evan graduated first in his class from the University of North Dakota School of Law. During law school, he held many leadership roles, including a term on the Moot Court Board and two years as president of the Environmental Law Society. He was also judicial extern to the Honorable Kermit E. Bye of the United States Court of Appeals for the Eighth Circuit.

To Take Property, the Government Must Pay Just Compensation.

The government's power of condemnation, or eminent domain, has been called the government's most awesome power, and for good reason. So long as the government can satisfy the low burden to show that it is taking private property for a public purpose, the private property owner cannot stop the taking. For example, a road authority (such as a county) can condemn private property to build a public road. In exchange for allowing this power, the constitution requires that the government pay the property owner just compensation. Generally speaking, this compensation is measured as the price that a hypothetical buyer would pay to a hypothetical seller for the property at the date the property is taken. And when the road authority takes a portion of the property, leaving a remainder to the property owner, just compensation includes the damage done to the remaining, untaken property.

For example, a road authority may take a strip of private land in order to widen a road, or take a temporary portion of property for the construction of an adjacent public project, and leave the remainder of the property not taken. (Often, a road authority will take both a permanent strip of land and also a temporary adjacent strip.) In such a case, the owner loses the value of the land that has been taken, but that owner has also suffered damages to the remaining property, such as noise and construction dust, loss of visibility, or construction workers' littering and loitering on the untaken property. These damages reflect the real-life harm to property owners. Businesses lose customers during an adjacent highway construction; the enjoyment of a private home is lessened by the adjacent construction zone.

The Issue in Laechelt.

Perhaps it's an obvious point, but a property owner can't prove the amount of construction-related interference unless they can present evidence of the construction and how it affected their property. And that evidence doesn't arise until after the date of taking, and after the government has finished its construction. In Laechelt, for example, the property owner submitted photographs and testimony of how the construction project impacted her property.

The evidence did not come into existence until after the taking of the owner's property, because it was evidence of what actually occurred during the construction project.

Both during trial and on appeal, the government argued that it was improper to consider such evidence. The government's argument was that, because the "before and after rule" required a measurement of the difference in market value on the date of taking, only evidence that existed on the date of taking should be considered.

The Minnesota Supreme Court rejected the government's argument. The Court noted that construction-related interference damages do arise at the date of taking—after all, the public purpose in taking land is for a construction project, and there would be no such damages but for the government's project. A hypothetical buyer would pay less for the property, knowing the property would soon and certainly be impacted by an adjacent construction project. But the hypothetical buyer may not know the actual amount of such an impact. Thus, the Court held, using evidence that comes into existence after the date of taking "simply provides the benefit of hindsight." Such evidence "may shed light on what a willing buyer and seller might reasonably expect" as of the date of taking. Therefore, the Court held, such evidence is relevant and should be considered.

Before Laechelt, property-owner attorneys have long submitted construction-related interference evidence in condemnation proceedings. The Court did not break any new ground with its holding, but it did help to clarify that this longstanding practice is proper. In certain cases, such evidence is vital to the property owner's ability to receive the just compensation promised by the constitution.

Bottom Line: If your land is partially taken by the government in a condemnation action, you may be able recover the value of the land that is taken and also compensation for damages to the portion of the land that is not taken.

We Can Help

Please contact Maslon's Construction & Real Estate attorneys if you have any questions, or if you own property that the government has threatened to take in a condemnation proceeding. We're happy to help!

Jon has significant experience practicing in all facets of the commercial real estate life cycle, including real estate acquisitions and dispositions, commercial and agricultural leasing, title and survey due diligence review, real estate financing, and land use, entitlement, and permitting projects—with particular depth in the agribusiness and manufactured housing industries. Jon serves as general counsel to a broad array of clients, including several institutional investors, equipment manufacturers, lenders, farmers, manufactured housing community owners in connection with complex farmland and manufactured housing community acquisitions. Across all, he aims to add maximum value to his clients by focusing on their key needs, providing creative solutions, and delivering deadline-driven results.

To read the full article, go to: Finance & Commerce – "Critical Next Steps for Landlords as the Pandemic’s Impact Unfolds."

Jon practices in the area of commercial real estate with significant experience in all facets of the commercial real estate life cycle, including real estate acquisitions and dispositions, commercial and agricultural leasing, title and survey due diligence review, real estate financing, and land use, entitlement, and permitting projects—and has particular depth in the agribusiness and manufactured housing industries.

Jon serves as general counsel to a broad array of clients, including several institutional investors, equipment manufacturers, lenders, farmers, manufactured housing community owners in connection with complex farmland and manufactured housing community acquisitions. Across all, he aims to add maximum value to his clients by focusing on their key needs, providing creative solutions, and delivering deadline-driven results.

Available for Viewing: Complimentary Webcast — "2020 Finance & Commerce Commercial Real Estate Forum."

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TOPICS:

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• Mergers & Acquisitions
• Labor & Employment
• Product Liability Litigation
• Construction
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• Supporting the Effort
   

Most Recent:

• January 14, 2022 — Supreme Court Halts OSHA's COVID-19 Vaccine and Testing Mandate
• December 20, 2021 — OSHA's COVID-19 Vaccine and Testing Mandate Is Back in Business After Sixth Circuit Court of Appeals Lifts Stay
• November 8, 2021  — Fifth Circuit Court of Appeals Stays OSHA's COVID-19 Vaccine and Testing Mandate: Next Steps for Employers
• November 5, 2021 — What Employers Need to Know About OSHA's New Vaccine and Testing Requirements
• November 1, 2021 — 5 New Legal Risks for Product Manufacturers During COVID-19
• September 10, 2021 — Path Out of the Pandemic: Biden Administration Will Require Employers with 100+ Employees to Mandate COVID-19 Vaccination or Weekly Testing
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Corporate:

• February 16, 2022 — Can You Spot a Liar? Key Factors for Determining Credibility in Internal Investigations
• January 8, 2021 — New SBA Guidance Released: Interim Final Rules on the Revived Paycheck Protection Program
• December 28, 2020 — Coronavirus Relief Under the Consolidated Appropriations Act, 2021
• June 5, 2020 — CARES Act PPP Reform: Paycheck Protection Program Flexibility Act of 2020
• April 27, 2020 — New SBA Guidance Released: PPP Loan Certification Requirements for Good Faith
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• April 2, 2020 — CARES Act: Paycheck Protection Program - Proactive Steps to Apply
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• March 26, 2020 — COVID-19: Key Business Considerations for Minnesota Emergency Executive Order 20-20
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• March 16, 2020 — COVID-19: Force Majeure Contract Clauses
   

Mergers & Acquisitions:

• April 18, 2020 — Video: COVID-19 Business Owner's Survival Guide—M&A After COVID-19 (29:00), Presented by Terri Krivosha
   

Labor & Employment:

• February 16, 2022 — Can You Spot a Liar? Key Factors for Determining Credibility in Internal Investigations
• January 14, 2022 — Supreme Court Halts OSHA's COVID-19 Vaccine and Testing Mandate
• December 20, 2021 — OSHA's COVID-19 Vaccine and Testing Mandate Is Back in Business After Sixth Circuit Court of Appeals Lifts Stay
• November 8, 2021  — Fifth Circuit Court of Appeals Stays OSHA's COVID-19 Vaccine and Testing Mandate: Next Steps for Employers
• November 5, 2021 — What Employers Need to Know About OSHA's New Vaccine and Testing Requirements
• November 1, 2021 — 5 New Legal Risks for Product Manufacturers During COVID-19
• September 10, 2021 — Path Out of the Pandemic: Biden Administration Will Require Employers with 100+ Employees to Mandate COVID-19 Vaccination or Weekly Testing
• August 24, 2021 — Updated COVID-19 Guidance from OSHA and the CDC: What It Means for Your Business
• May 24, 2021 — What Employers Need to Know Now That the CDC Has Relaxed Mask Recommendations for Those Who Are Fully Vaccinated
• March 24, 2021 — The American Rescue Plan Act of 2021—Key Implications for Employers
• December 30, 2020 — New Year, New Rules: Employer Implications of the New COVID-19 Relief Legislation
• December 22, 2020 — Employers: EEOC Releases New Vaccine Guidelines to Address Five Key Concerns
• September 14, 2020 — FFCRA Update: Department of Labor Revises Regulations, Largely Rejects SDNY Court Ruling
• August 5, 2020 — Key FFCRA Regulations Vacated by Federal Court, Dramatically Expand FFCRA Leave Eligibility
• July 24, 2020 — #MaskUpMN: Key Employer Re

Jon represents owners, investors, lenders, and closely held businesses in connection with all phases of the commercial and agricultural real estate life cycle. In addition to assisting clients with due diligence review—including loan, title, and survey matters—he advises clients on acquisitions, sales, and development; mobile home and manufactured housing related matters; land use; loan workout; foreclosures; and environmental issues. Jon also has extensive experience in the agribusiness and manufactured housing industries.

Josh advises clients on a broad range of corporate and financial transactions. He helps clients with mergers and acquisitions by conducting due diligence, negotiating terms that fit the client's needs, and drafting documents for business transactions. Josh has experience documenting and conducting private placement due diligence, documenting loan transactions for commercial lenders, reviewing and documenting real estate transactions, reviewing title and survey materials, adhering to SEC regulations, and preparing corporate governance documents. 

Jason focuses his litigation practice on representing clients from the construction, real estate, financial services, food, and railroad industries. He regularly appears in federal and state court on behalf of design-build firms, general contractors, architects, engineers, specialty contractors, property management companies, real estate owners, and lenders. A portion of Jason's practice also involves representing a major U.S. railroad in disputes throughout Minnesota and North Dakota.

Recognized by Chambers USA for construction law in 2016-2019, Jason is described as "an esteemed trial lawyer with a wealth of experience assisting with litigation mandates relating to construction defects and insurance coverage issues."

In addition to his litigation practice, Jason served as a member of Maslon's Governance Committee from 2017-2019 and as the committee's vice chair from 2018-2019. Prior to joining Maslon in 2002, Jason honed his trial and appellate skills as a Naval Officer with the United States Navy Judge Advocate General's Corps, where he led hundreds of courts-martial, administrative hearings, and military appeals.

Martin represents businesses and individuals in lawsuits involving commercial litigation, contract disputes, construction litigation, shareholder disputes, trust & estate litigation, unfair competition, and real estate litigation. He also works on complex commercial cases in federal and state courts and in arbitration hearings. He was recently recognized as a 2019 North Star Lawyer by the Minnesota State Bar Association. Martin was also selected for inclusion in the 2019 Minnesota Super Lawyers® List – a designation given to only 5 percent of Minnesota attorneys each year.

For more information or to register, go to: Minnesota CLE, Contract Law: Creating, Interpreting and Litigating Contracts in Minnesota.

Inclusion in Best Lawyers is based entirely on peer review. Best Lawyers employs a survey process designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Each attorney was selected for work in the following areas:

Cooper Ashley
Product Liability Litigation—Defendants

Mark Baumann
Employee Benefits (ERISA) Law

David Herr
Appellate Practice
Bet-the-Company Litigation
Commercial Litigation

Geoff Jarpe
Commercial Litigation
Litigation—Securities

Susan Link
Trusts and Estates

Mike McCarthy
Commercial Litigation

Bill Pentelovitch
Bet-the-Company Litigation
Commercial Litigation
Litigation—Banking & Finance
Litigation—Intellectual Property
Litigation—Labor & Employment

Larry Purdy
Product Liability Litigation—Defendants

David Schultz
Commercial Litigation
Litigation—Intellectual Property

For more information on the Best Lawyers selection process, go to: Best Lawyers.

Inclusion in Best Lawyers is based entirely on peer review. Best Lawyers employs a survey process designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice.

Each attorney was selected for work in the following areas:

Cooper Ashley
Product Liability Litigation—Defendants

Mark Baumann
Employee Benefits (ERISA) Law

David Herr
Appellate Practice
Bet-the-Company Litigation
Commercial Litigation

Geoff Jarpe
Commercial Litigation
Litigation—Securities

Susan Link
Trusts and Estates

Bill Pentelovitch
Bet-the-Company Litigation
Commercial Litigation
Litigation—Banking & Finance
Litigation—Intellectual Property
Litigation—Labor & Employment

Larry Purdy
Product Liability Litigation—Defendants

David Schultz
Commercial Litigation
Litigation—Intellectual Property

For more information on the Best Lawyers selection process, go to: Best Lawyers.

Geoff joined the Executive Committee of the Minnesota Chapter of ABOTA in 2009, serving as Secretary in 2012, Treasurer in 2013, and Vice President in 2014. "It is truly an honor and a privilege to have the opportunity to help lead the Minnesota Chapter. Its members are among the most accomplished, dedicated, and successful lawyers in Minnesota. I am very grateful that I can do my small part to promote and advance ABOTA's mission," shares Geoff.

Geoff Jarpe, partner and co-chair of Maslon's Litigation Group, has represented plaintiffs and defendants in lawsuits and arbitrations for 45 years, in Minnesota and many other jurisdictions. He has handled hundreds of cases throughout his career, most in a first-chair capacity. Over that span, Geoff has tried securities fraud cases, FINRA arbitrations, corporate ownership and valuation disputes, director and officer liability and fiduciary duty cases, tort cases, contract cases, and a variety of real estate cases, including condemnation, ownership, zoning and land use disputes. In addition to ABOTA, he is a member and officer of the Academy of Certified Trial Lawyers of Minnesota. He has been board certified as a civil trial specialist by the Minnesota State Bar Association and recognized as a board certified civil trial advocate by the National Board of Trial Advocacy. 

For more information about the American Board of Trial Advocates, visit abota.org.