Marc J Manderscheid

Marc is one of only a very few attorneys to have been certified as both a Civil Trial Specialist and a Real Estate Law Specialist by the Minnesota State Bar Association. Marc is a qualified neutral under Minnesota Practice Rule 114. He practices primarily in the areas of real estate litigation, eminent domain, property tax valuation, complex civil litigation, mediation and arbitration and appellate law.

• Successfully represented Minnesota Counties at the Minnesota Court of Appeals and Minnesota Supreme Court in case where commercial taxpayer sought to end-run and disrupt Minnesota’s property tax system by asserting “constitutional” claims outside Minnesota’s statutory framework for resolving property tax disputes.
• Minnesota Supreme Court: Interpreted state statutes specifying which structures at industrial plants were subject to property tax, affirming continued validity of “special purpose” property designation, and describing proper application of cost and sales
• Represented land owner/developer in partial-taking for highway project. State offered $870,000; settled shortly before trial for $3.7 million plus reimbursement for all attorneys’ fees and expert costs.
• Represented national discount retailer with large store in central Minnesota; negotiated arrangements to minimize disruption and provide extra signage and clear travel routes for customers when state transportation department took part of shopping center grounds for highway expansion.
• Represented northern Minnesota city in acquiring numerous land parcels for $35 million flood control project; commenced two eminent domain proceedings; represented city in ten commission hearings; negotiated settlements for all properties without court trials.
• Drafted Conservation Easement on behalf of Catholic religious order to forever preserve a hilltop, historic Italianate Motherhouse and Chapel with extensive natural grounds, including reference to the recitals in Pope Francis’ encyclical on “Care for the Earth;” preserving the structures and the green spaces “as an example of the Franciscan care for nature and a home for animals and birds.”
• Represented property owner in negotiating changes to government taking, to allow for hotel development and guaranteed access during construction.
• Minnesota Court of Appeals affirmed property tax valuation after trial in district court and also approved denial of subpoena for expert witness and substantial recovery of expert witness costs.
• Minnesota Court of Appeals holds that the language of the Petroleum Marketing Practices Act does not overcome language in a franchise contract, which precludes convenience store operator from claiming loss of going concern damages when property was condemned for road widening.
• Minnesota Court of Appeals interpreted newly amended eminent domain statute to identify conditions under which a court may authorize public access to private property for conducting environmental tests.
• Minnesota Court of Appeals upholds pre-existing lease for billboard against new owners’ attacks based on lack of spouse’s signature and that inadequate legal description violated the Minnesota Statute of Frauds.
• Obtained reimbursement of full costs for relocation of outdoor advertising sign adjacent to interstate highway following hearings before an administrative law judge, after condemning authority had purchased underlying land and had denied that client was entitled to any reimbursement.
• Successfully secured order from administrative law judge that outdoor advertising client was eligible for relocation benefits, after condemning authority had initially denied client’s claims concerning billboard adjacent to highway.
• Represented counties in defense of property tax assessments on large agri-industrial facilities, offices and industrial properties.
• Represented property owner/developer in defense of claims by adjacent owner that client’s redevelopment activities violated terms of reciprocal easement agreement.
• Minnesota Court of Appeals affirmed hearing officers’ findings that auto parts business failed to properly document direct-loss claim for relocation benefits following eminent domain acquisition.
• Represented southern Minnesota city in eminent domain jury trial to determine damages when city road project removed primary access and altered property’s highest and best use.
• Represented suburban city in negotiated purchase and eminent domain acquisitions of interstate-frontage properties for highway expansions; settlements including city/business land swap and reimbursement of construction costs to accommodate effects of taking on remainder of auto dealership property.
• Represented suburban city in negotiated purchases and eminent domain acquisition of commercial properties for highway roundabout.
• Served as a mediator to successfully resolve eminent domain dispute between state transportation department and national outdoor advertising company, involving the taking and valuation of a billboard adjacent to a major urban highway.
• Served as mediator for several “Buy the Farm” cases, which involved both acquisitions and personal property relocations.
• Served as mediator to successfully and creatively resolve complicated real estate lawsuit involving multiple buyers and sellers, where all parties had misunderstood likely application of municipal land use regulations.
• Served as mediator to successfully resolve eminent domain dispute between state transportation department and long-time landowner in case involving large suburban land parcel in prime development location.
• Served as mediator to successfully resolve eminent domain taking by the state transportation department, where landowner had large developable property adjacent to new suburban retail project.