Category: Real Estate Law
Leasing Basics for Minnesota Charter Schools
January 18, 2011 | Barna, Guzy & Steffen, Ltd.Authored by: Jeffrey S. Johnson and Kristin N. Blenkush Introduction For the uninitiated, commencing negotiations on a complex charter school lease can be overwhelming. These materials are intended to provide a basic overview of some of the most important provisions likely to be found in a charter school lease. Leasing Guidelines Specific to Charter Schools Because charter schools may not use state money to purchase land or buildings (Minn. Stat. § 124D.11, Subd. 7), gaining an understanding of basic leasing concepts is important. In addition to the general education revenue provided to charter schools, charter schools may be entitled to additional public funding through building lease aid. Under Minnesota law, charter schools may apply for building lease aid in order to rent a building or land for instructional purposes. Minn. Stat. § 124D.11, Subd. 4. The Minnesota Department of Education reviews and either approves or denies a applications for lease aid using certain criteria specified by statute. These criteria include (1) the reasonableness of the price (the rent) based on current market values, (2) the extent to which the lease conforms to applicable state laws and rules, and (3) the appropriateness of the proposed lease in the context of the space needs and the financial circumstances of the charter school. Minn. Stat. §…
Read MoreCell Tower Leases Increase
October 6, 2010 | Barna, Guzy & Steffen, Ltd.With the increased demand for cell towers, more and more land owners are being approached by wireless providers to lease property for the construction and operation of a cell tower on a portion of a land owner’s property. If you are a land owner who is considering leasing property to a wireless provider, or if you have been approached by a wireless provider to lease some property for purposes of a cell tower, you need to understand the implications of a cell tower lease on your property, protect your rights, and minimize your liability. Kristi Riley of the Barna, Guzy & Steffen Real Estate Department can help you with your cell tower questions and cell tower leases.
Read MoreCondemnation/Relocation Benefits of Tenants
September 22, 2010 | Barna, Guzy & Steffen, Ltd.Summer 2010 In Brief by Angela Samec When a unit of government (i.e. a state, county or city) takes real property, certain rules must be followed with respect to occupants of that real property. Minnesota has adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as controlling law with regards to relocation rights. See Minnesota Statutes Section 117.52. Displaced tenants have a variety of rights, including the right to: (i) a general information notice regarding the displacement.; (ii) advisory services as to the displaced tenant’s rights; (iii)advisory services as to relocation opportunities; (iv) notices to vacate cannot require less than ninety (90) days to vacate; (v) claim preparation assistance; (vi) expeditious payments; and (vii) have appeals heard by non-related/disinterested party. Moving Cost Reimbursement: Business owners or tenants may be paid on the basis of actual reasonable moving costs and related expenses or, under certain circumstances, may receive a fixed payment. Actual reasonable moving expenses may be paid when the move is performed by a professional mover or if you move yourself. Related expenses such as personal property losses, reestablishment costs, and expenses in finding a replacement site, also may be reimbursable. Or you may be eligible to receive a fixed payment from $1,000 to $20,000. This payment is based…
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