Mark D. Savin
Mark Savin is a shareholder at Fredrikson & Byron where the primary focus of his practice is eminent domain litigation. Mark has represented corporations, development companies and individuals in condemnation proceedings throughout Minnesota.
Institutional clients as well as national and regional companies with extensive property holdings are a key part of his practice. Mark has represented the property interests of companies such as General Mills, 3M, Prudential, Total Petroleum, Rahr Malting, Firstar Bank and Target in eminent domain litigation. He has also represented the owners of smaller businesses impacted by condemnation including restaurants, service stations, shopping centers and apartments as well as properties owned by non-profit entities including churches and hospitals.
Mark represents a number of land developers whose properties are affected by eminent domain proceedings, including developers in the Twin Cities and in the St. Cloud area. He has also acted as an adviser to major developers in connection with development projects in downtown Minneapolis.
Significant Eminent Domain and Property Rights Representations and Reported Decisions
- Representation of a professional sports team in a taking of land from the Met Center site by the City of Bloomington in connection with the development of the Mall of America.
- Representation of a national bank against the Minnesota Deportment of Transportation. In this condemnation for highway expansion, Mr. Savin successfully proposed and persuaded the MNDOT to adopt a revised road design resulting in improved access to the property and paved the way for a negotiated settlement.
- Representation of an owner of a 50-acre undeveloped property burdened by an easement taking that interfered with commercial development. The condemnor asserted that there was little or no damage as a result of the easement. After hearing by commissioners which focused on complex legal and geotechnical issues, the owner was awarded nearly $3 million.
- Representation of a manufacturing company in a jury trial involving loss of access. The jury awarded substantial severance damages, reversing an earlier commission’s findings.
- Representation of a private landowner with a large parcel of vacant land considered to be of limited value by the condemnor because of land use regulations on commercial development. After hearing by commissioners which focused on land use and zoning issues, the landowner was awarded compensation several times the condemnor’s offer.
- Representation of a special use processing plant whose interests were impacted by the taking of a related parcel. A negotiated settlement was reached which involved a swap of private and public properties and relocation payments to the landowner.
- Representation of a property owner under the Tucker Act in the Court of Federal Claims on a successful regulatory takings claim against the Army Corps of Engineers.
- American Law Institute: Eminent Domain and Land Valuation Litigation, “Dropping the Bomb: Challenging Highest and Best Use,” February 2015, San Francisco, CA.
- American Law Institute: Eminent Domain and Land Valuation Litigation, “The Changing Law of Visibility,” January 2013, Miami Beach, FL.
- American Law Institute-American Bar Association: Condemnation 101, “Condemnation, Common Sense, and My Sister-in-Law, the Court Reporter,” January 2012, San Diego, CA.
- William & Mary Law School, Brigham-Kanner Property Rights Conference, October 17, 2013, Williamsburg, VA.
Published Articles and Papers
- Lost Visibility and the Right to Exclude: How Merrill’s Sine Qua Non of Property Compels Just Compensation in Takings Cases
Brigham-Kanner Property Rights Conference Journal, Volume 3, September 2014
- Kelo Revisited
Appraisal Institute (Minnesota), St. Paul, MN, May 31, 2006
- Real Property Valuation and Appraisals – The Real Estate Attorney’s Survival Guide
Minnesota State Bar Association, Minneapolis, MN, June 6, 2005
- Use of Condemnation and Relocation in the Development of Affordable Housing
Lorman Education Services, Bloomington, MN, October 10, 2001
- Government Influence on Value: Use of the Scope of the Project Rule
Minnesota Institute of Legal Education, Minneapolis, MN, October 10, 2001
- “Valuation of Contaminated Properties,” Minnesota Environmental Assessment Roundtable
Minneapolis, MN, September 9, 1999
Bar Admissions and Membership
- U.S. Supreme Court
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Minnesota
- U.S. Court of Federal Claims
- Minnesota Bar Association
- Co-Chair, Ramsey County District Court Working Group on Eminent Domain, 2012-2013
- Co-chair, Minnesota State Bar Association Eminent Domain CLE, 2005-2006
- Jury Instruction Guide Sub-committee for Eminent Domain, 2005
- University of Minnesota Law School, Professor Alex Klass, 2007-2013
- University of St. Thomas Graduate Program in Real Estate Appraisal, Professor Thomas Musil, 2007
- William Mitchell Law School, Professor Evan Rice, 2005-2006