Topic: What Can the City Make You Pay? Special Assessments, Area Assessments, Taxes, and Fees?

Minnesota cities have a variety of tools to fund the costs of building government infrastructure by imposing taxes, fees, and charges on landowners in general and developers for their specific projects. Likewise, the Minnesota Legislature has granted cities broad powers to impose conditions for approval of developments. Within those broadly stated powers, city governments are granted discretion to make these charges as long as they are reasonable and supported by facts in the record. The grounds to challenge these types of challenges are narrowly defined and not often upheld.

But, when a city exceeds the powers explicitly stated in empowering legislation, Minnesota courts are not hesitant to curtail their authority and actions. This presentation will focus on these funding tools and the limitations that protect property owners and developers from governmental abuse and overreach, while still allowing the cost of development to be fairly shared among all parties.

Statutes reviewed:

• Minn. Stat 462.358
• Minn. Stat. § 462.3531
• Minn. Stat. Chapter 429
• Minn. Stat. § 429.081
• Minn. Stat. §§ 428A.01-428A.101
• Minn. Stat. § 435.44
• Minn. Stat. § 444.075
• Minn. Stat. § 444.077
• Minn. Stat. § 471.191
• Minn. Stat. § 471.572
• Minn. Stat. §§ 444.16 - 444.21

Speaker: Thomas J. Radio

Thomas Radio is a member of the firm’s Real Estate and Litigation practice areas. He provides a range of services and creative solutions for corporations, individuals, non-profit organizations, and public entities on issues related to construction, real estate valuation, and land use. By providing wise advice and understanding his clients’ goals, Tom has been able to achieve significant success for his clients, even in the most challenging and complicated disputes. Using those experiences, he is committed to advising his clients on ways to avoid litigation, if possible, but to be ready to take the matter to trial, if necessary.

During his professional career as a trial lawyer and counselor, Tom has acted as counsel for both private and public entities on construction, land use, eminent domain, and real property valuation matters. He has represented owners and developers who sought governmental approvals, and faced special assessment and eminent domain proceedings. For those in the construction industry, Tom has been adept at negotiating construction contracts, litigating payment, delay, and defect claims and resolving bid disputes. He serves as a mediator and arbitrator, and is listed on the Minnesota Supreme Court’s Rule 114 roster of qualified neutrals.

A member of the Minnesota State Bar Association, Tom served on the Minnesota State Bar Association Board of Governors and Litigation Section Governing Council, as well as Chair of the Local Government Section. He is currently serving on the Minnesota State Bar Association Appellate Practice Section Council and the Minnesota State Bar Association Construction Law Section Council.

Tom has served as Vice Chair for the Federal Practice Committee of the U.S. District Court for the District of Minnesota, and as Chair of the Minnesota Supreme Court State Board of Continuing Education. Tom also served on the Minnesota Supreme Court Advisory Committee on Rules of Civil Procedure.

Tom has been named Certified Civil Law Trial Specialist and Certified Real Property Law Specialist by the Minnesota State Bar Association and has been recognized as a Minnesota “Leading Attorney” and Super Lawyer by Minnesota Law and Politics. He has also achieved an AV Preeminent rating from Martindale-Hubbell.

Tom is dedicated to providing pro bono legal services, and, as a result, has been named a North Star Lawyer by the Minnesota State Bar Association.

CLE credit has been requested.

Remote attendance is available.

Member Cost: Free 
Non-Member Cost: $10

Please register no later than May 10, 2019.

If you have any questions or concerns, please contact Lesa Eastman at lesaeastman@siegelbrill.com.