Minn. Stat. » CHAPTER 117. EMINENT DOMAIN
Minnesota Statutes

Minn. Stat. § 117.031 (2026)

Attorney Fees

✓ current as of May 2026
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(a) If the final judgment or award for damages, as determined at any level in the eminent domain process, is more than 40 percent greater than the last written offer of compensation made by the condemning authority prior to the filing of the petition, the court shall award the owner reasonable attorney fees, litigation expenses, appraisal fees, other experts fees, and other related costs in addition to other compensation and fees authorized by this chapter. If the final judgment or award is at least 20 percent, but not more than 40 percent, greater than the last written offer, the court may award reasonable attorney fees, expenses, and other costs and fees as provided in this paragraph. The final judgment or award of damages shall be determined as of the date of taking. No attorney fees shall be awarded under this paragraph if the final judgment or award of damages does not exceed $25,000. For the purposes of this section, the "final judgment or award for damages" does not include any amount for loss of a going concern unless that was included in the last written offer by the condemning authority.

(b) In any case where the court determines that a taking is not for a public use or is unlawful, the court shall award the owner reasonable attorney fees and other related expenses, fees, and costs in addition to other compensation and fees authorized by this chapter.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2012–2025 · leading case: Cnty. of Dakota v. Cameron, 839 N.W.2d 700 (Minn. 2013).
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Cnty. of Dakota v. Cameron, 839 N.W.2d 700 (Minn. 2013). · cites it 17× “The district court also awarded attorney fees to Cameron under Minn.Stat. § 117.031(a). That statute provides that a property owner shall recover “reasonable attorney fees” if the final judgment or damages award in an eminent-domain proceeding is, as here, “more than 40 percent…”
Cnty. of Scott v. Johnston, 841 N.W.2d 357 (Minn. Ct. App. 2013). · cites it 12× “Because the final award was more than 40 percent greater than the county’s last written offer prior to the filing of the condemnation petition, the Johnstons moved for an award of reasonable attorney fees, litigation expenses, appraisal fees, and other fees and related costs…”
Comm'r Of Transp. v. Krause, 925 N.W.2d 30 (Minn. 2019). · cites it 8× “12 in attorney fees to the landowner under the *32 condemnation fee-shifting statute, Minn. Stat. § 117.031 (a) (2018). The court of appeals reversed.”
State of Minnesota, by its Comm'r of Transp. v. David P Williams, doing Bus. as Bear Track ... (Minn. Ct. App. 2025). · cites it 126× “* SYLLABUS Reasonable attorney fees and expenses awarded in an eminent-domain proceeding under Minn. Stat. § 117.031 (a) (2024) must relate to the work performed to obtain the final * Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn.”
State of Minnesota, by its Comm'r of Transp. v. David J. Schaffer, Below, ..., 8 N.W.3d 220 (Minn. 2024). · cites it 36× “________________________ SYLLABUS An award of “reasonable attorney fees” under Minn. Stat. § 117.031 (a) (2022) is determined by the lodestar method and thus is not limited to the amount owed pursuant to an attorney fee agreement.”
Cnty. of Dakota v. Cameron, 812 N.W.2d 851 (Minn. Ct. App. 2012). · cites it 6× “But Minn. Stat. § 117.031 (a) requires the district court to award “reasonable attorney fees,” and the reasonable value of counsel’s work is a question of fact that we must uphold unless it is clearly erroneous.”
State of Minnesota, by its Comm'r of Transp. v. Great River Resources, LLC, Vermillion State Bank, Below. (Minn. Ct. App. 2014). · cites it 14× “UNPUBLISHED OPINION HALBROOKS, Judge In this eminent-domain action, appellant argues that the district court’s award of $25,055 in attorney fees is not “reasonable” under Minn. Stat. § 117.031 (a) (2012). Appellant contends that respondent should have been awarded significantly…”
State of Minnesota, by its Comm'r of Transp. v. Debra Jean Johnson, a/k/a Debra J. Johnson, Great Lakes Gas Transmission Co., Below. (Minn. Ct. App. 2014). · cites it 12× “Respondents’ attorney engaged in protracted settlement negotiations on their behalf and ultimately secured a settlement in the amount of $425,000 to fully and finally settle all claims in the action, exclusive of claims arising under Minn. Stat. § 117.031 (2012) for statutory…”
In the Matter of the Condemnation of Right-of-Way by Minnesota Power, a divison of ALLETE, Inc., a Minnesota Corp., Under & Across Certain Lands in Itasca Cnty., Minnesota, owned by Robert E.Ward Affinity Plus Fed. Credit Union & all persons or parties known or unknown claiming any right, title, Est., liens or interest in the real Est. set forth herein. (Minn. Ct. App. 2015). · cites it 10× “On March 6, Minnesota Power filed a petition seeking to condemn the easement. Minnesota Power obtained the easement, and Ward was ultimately awarded $70,000 as compensation for the taking.”
State of Minnesota, by its Comm'r of Transp. v. Richard R. Compart, ... (2024). · cites it 5× “” See Minn. Stat. § 117.031 (a) (2022). The district court granted the Comparts’ motion in part, but did not award the full amount of fees, costs, and expenses requested.”
— Minn. Stat. § 117.031(a) — 6 cases
Cnty. of Dakota v. Cameron, 839 N.W.2d 700 (Minn. 2013). “The district court also awarded attorney fees to Cameron under Minn.Stat. § 117.031(a). That statute provides that a property owner shall recover “reasonable attorney fees” if the final judgment or damages award in an eminent-domain proceeding is, as here, “more than 40 percent…”
Cnty. of Scott v. Johnston, 841 N.W.2d 357 (Minn. Ct. App. 2013). “Because the final award was more than 40 percent greater than the county’s last written offer prior to the filing of the condemnation petition, the Johnstons moved for an award of reasonable attorney fees, litigation expenses, appraisal fees, and other fees and related costs…”
State of Minnesota, by its Comm'r of Transp. v. David P Williams, doing Bus. as Bear Track ... (Minn. Ct. App. 2025). “* SYLLABUS Reasonable attorney fees and expenses awarded in an eminent-domain proceeding under Minn. Stat. § 117.031 (a) (2024) must relate to the work performed to obtain the final * Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn.”
State of Minnesota, by its Comm'r of Transp. v. David J. Schaffer, Below, ..., 8 N.W.3d 220 (Minn. 2024). “________________________ SYLLABUS An award of “reasonable attorney fees” under Minn. Stat. § 117.031 (a) (2022) is determined by the lodestar method and thus is not limited to the amount owed pursuant to an attorney fee agreement.”
Cnty. of Dakota v. Cameron, 812 N.W.2d 851 (Minn. Ct. App. 2012). “But Minn. Stat. § 117.031 (a) requires the district court to award “reasonable attorney fees,” and the reasonable value of counsel’s work is a question of fact that we must uphold unless it is clearly erroneous.”
— Minn. Stat. § 117.031(b) — 1 case
State of Minnesota, by its Comm'r of Transp. v. David P Williams, doing Bus. as Bear Track ... (Minn. Ct. App. 2025). “* SYLLABUS Reasonable attorney fees and expenses awarded in an eminent-domain proceeding under Minn. Stat. § 117.031 (a) (2024) must relate to the work performed to obtain the final * Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn.”
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