Jim Yarosh obtains eminent domain award for client 25 times higher than amount offered by MnDOT

A Minneapolis manufacturing company hired Jim Yarosh after it was informed that the Minnesota Department of Transportation (MnDOT) intended to take some of its property for the reconstruction of a bridge. “The client contacted me after I was recommended by the owner of another company, and they asked me to get involved very early in the taking process for MnDOT’s reconstructed railroad bridge,” says Yarosh. “It’s always good to involve an attorney as early as possible in an eminent domain case. These matters can take years to resolve and often attorneys can assist in getting a better result if they are involved before the taking actually occurs.”

“Early on we attempted to work with MnDOT to find solutions that would minimize the project’s impact to the client’s property,” says Yarosh. “But MnDOT was unwilling to cooperate. We met with MnDOT officials before the project started to discuss access issues during the demolition and reconstruction of the bridge. My client’s fears regarding the potential business disruption were dismissed by MnDOT, but eventually all of them came true.”

The construction project created a significant hardship to the company because shipments to and from the property were greatly affected by lack of continual access to the property. During the year and a half of project construction, MnDOT did not give the company any notice as to when the access to the property would be affected. On many occasions, the client would come to work and see that MnDOT had trucks, barrels or material blocking the one and only access to the property. Semi-truck drivers also frequently called the company to say that they were parked several blocks away with no way to get their materials delivered.

“When someone receives notice that their property is going to be taken it’s my job to ensure that they receive all of the just compensation they are entitled to”, says Yarosh. “In this case, my client received substantial damages as a result of the taking of the property, including damages caused by the construction itself. The award was 25 times the amount originally offered by MnDOT. The client informed me that they were very pleased with the award and how the matter was ultimately resolved. I, too, was pleased that I could help this company receive the just compensation it was entitled to. The client not only received significant damages, but it was reimbursed for the litigation costs and attorney fees as well.”