University of Pennsylvania Law School, J.D., 1983
- National Moot Court Team
Augustana University, South Dakota, B.A., 1978, Summa Cum Laude
- Blue Key
Bar & Court Admissions
- U.S. District Court District of Minnesota
- U.S. Court of Appeals 8th Circuit
- U.S. District Court Western District of Wisconsin
Marc Manderscheid 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
- Appellate law
Real Estate Litigation
In more than 30 years of practice, Marc has developed a strong presence in real estate litigation. He has resolved numerous real property disputes including valuation issues, purchase agreement problems, construction litigation, land use and zoning, and commercial landlord/tenant problems. For example, he recently represented a landowner where a small part of a large commercial property was being condemned for a road widening. The State offered $870,000. The case was settled shortly before trial for $3,700,000 plus reimbursement for all attorneys’ fees and costs.
Marc’s comprehensive knowledge of real estate development and conveyancing gives him a unique platform for resolving real estate disputes. Before attending law school, Marc was a real estate research specialist involved in preparing market feasibility studies for shopping centers, hotels and downtown redevelopments. His breadth of experience in representing developers, owners, tenants and government entities helps him to gain a quick grasp of the issues, and provides him a decided advantage in proposing unique solutions for resolving real estate problems.
Marc’s eminent domain experience on both sides of many types of eminent domain disputes has given him a broad and unique perspective to efficiently and fairly resolve eminent domain disputes. He is a frequent lecturer on eminent domain topics and is often consulted when other attorneys are seeking advice in resolving complicated factual situations. Marc has also been selected to mediate eminent domain disputes.
Property Tax Valuation
Marc has been involved in many cases venued before the Minnesota Tax Court and the District Courts involving the valuation of commercial property for property tax purposes. Marc has worked extensively with appraisal experts in determining such issues as highest and best use, methods of valuation, depreciation, obsolescence and determining market value. He has extensive experience in the procedural aspects of property tax valuation and in application of the rules of procedure and evidence.
Complex Civil Litigation
During the course of his practice, Marc has litigated numerous types of complex matters, including antitrust, ERISA (Employee Retirement Income Security Act), long-term contracts, foreclosures and commercial bankruptcy. His cases have included resolving disputes for such products as coal, popcorn, turkeys, beer and manure.
Marc has appeared before the appellate courts numerous times. He has been very successful in explaining complicated commercial and real estate concepts and secured many positive results for his clients.
Honors & Awards
- Leading Minnesota Attorney
- Super Lawyer in Real Estate Litigation, Minnesota Super Lawyers
- AV Preeminent Rating, Martindale-Hubbell
- North Star Lawyer, Minnesota State Bar Association
- 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 $3,700,000 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 trials.
- Minnesota Court of Appeals affirmed eminent domain acquisition and use of quick-take procedures.
- 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.
- 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.
- Represented County in defense of property tax assessment on large agri-industrial facilities.
- Represented County in defense of property tax assessment on office 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.
- 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.
- 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.
Minnesota State Board of Legal Certification, Member
American Bar Association, Member
- Litigation Section
- Forum on Construction Law
Minnesota State Bar Association
- Certified Civil Trial Specialist
- Certified Real Estate Law Specialist
- Litigation, Tax, and Construction Sections, Member
Ramsey County Bar Association, Member
Hennepin County Bar Association, Member
- Eminent Domain Section, Former Chair, Vice-Chair and Secretary
Minnesota Civil Jury Instruction Guides, 5th and 6th Editions, Member, Eminent Domain Subcommittee
Southern Minnesota Regional Legal Services, Volunteer Attorney
Second Judicial District, Member, Ethics Committee and Eminent Domain Policy Committee
Saint Paul School Board
- Elected Member, 1994-1998
- Vice-Chair and Treasurer
- Citizens Budget and Finance Advisory Committee, Former Chair
- Blue Ribbon Commission for Strategic Planning, Former Member
Saint Paul Area Chamber of Commerce
- SPACC Charitable Foundation, Board Member and Director
- Political Action Committee, Former Member
Central Baptist Church Foundation, Director
City of Saint Paul Charter Commission, Former Member
Joint Property Tax Advisory Committee (City of Saint Paul, Saint Paul Public Schools, Ramsey County)
- Former Member
- Joint Debt Subcommittee, Chair
U.S. Soccer Federation, Certified Referee, Grade 8
St. Mary’s Health Clinics, Former Board Member
Saint Paul Public Schools Foundation, Former Board Member
Educational Technology Associates, Former Board Member
Prepare Saint Paul, Former Board Member
Saint Paul Downtown Council, Former Board Member
Ramsey County Regional Railroad Authority, Former Member, Citizen’s Advisory Committee
Boy Scouts of America, Former Assistant Scout Master
Macalester-Groveland District Council, Member
Summit-University District Council, Former Member
- "Condemnation Damages: What is Compensable in a Partial or Total Takings Case," Minnesota CLEFebruary 2016
- "What Property Owners and Tenants Need to Know about the Condemnation Process and Awards," Annual Real Estate Institute, Minnesota CLEOctober 2014
- "Condemnation 101: Explaining an Eminent Domain Case to Judges Who Don't Know What You Are Talking About," Eminent Domain Section Lunch, Hennepin County Bar AssociationMarch 2014
- "Valuing The Special Purpose Property," Minnesota County Attorneys' Association Annual MeetingDecember 2011
- "Billboards, Signs and Condemnations: Leaseholds, Relocation and Other Issues," Panelist, Eminent Domain Section CLE, Hennepin County Bar AssociationMay 2011
- "Valuing The Rural Special Purpose Property," Minnesota Assessors Spring Conference, Minnesota Association of Assessing OfficialsSt. Cloud, Minn., May 2011
- "The Before and After Rule, the Project Influence Rule, the Unit Rule, and In Rem Proceedings: Can all the Rules be Reconciled," Minnesota CLEMay 2011
- "Special Purpose Properties – Lessons Learned from the Sugar Beet Cases," Handling Property Tax Appeals in Minnesota, Minnesota State Bar AssociationJanuary 2011
- "Current Issues: Condemnation, Zoning, Land Use Law & Practice," Panelist, Annual Real Estate Institute, Minnesota CLANovember 2010
- "Valuing the Rural Special Purpose Property," Minnesota Assessors' Fall Conference, Minnesota Association of Assessing OfficialsMankato, Minn., September 2010
- "Avoiding Trial by Fire: Preparing for Your First Condemnation Jury Trial," Eminent Domain Section CLE, Hennepin County Bar AsssociationMarch 2009
- "Paddling Upstream with a Shortened Oar: Negotiating Land Acquisitions Since the 2006 Legislative Changes," Panelist, Minnesota City Attorneys Educational Conference, Government Training ServicesFebruary 2009
- "Presenting and Defending Claims for Minimum Compensation and Loss of Going Concern," Eminent Domain Section, Hennepin County Bar Association CLEFebruary 2009
- "Land Use and Eminent Domain Update," Panelist, Annual Real Estate Institute, Minnesota CLENovember 2008
- "Access to Other People's Property Pursuant to Minnesota Statute 117.041," Eminent Domain Section, Hennepin County Bar Association CLEMarch 2008
- "Defining Taxable Real Property," Minnesota Assessors' Spring Conference, Minnesota Association of Assessing OfficialsSt. Cloud, Minn., May 2007
- "Fixtures Really are Real Property," Eminent Domain Section, Hennepin County Bar Association CLEFebruary 2007
- "Commercial Relocation Benefits: The Forgotten Compensation Claim," Eminent Domain and Land Valuation Litigation (Advanced), American Law Institute – American Bar AssociationMiami, Fla., January 2007
- "Minnesota's New Eminent Domain Statute," Annual Real Estate Institute, Minnesota CLENovember 2006
- "Eminent Domain Real Life Implications," 2006 Legislative Update, Minnesota Association of City AttorneysJune 2006
- "The Pros and Cons of Condemning Private Property for Economic Redevelopment Projects," Panelist, Eminent Domain and Land Valuation Litigation, American Law Institute – American Bar AssociationSan Diego, Calif., January 2006
- "What Can the Government Require from the Landowner in Mitigating Damages?" Eminent Domain and Land Valuation Litigation, American Law Institute – American Bar AssociationSan Diego, Calif., January 2006
- "What Can the Government Require from the Landowner in Mitigating Damages?" Eminent Domain Law 2006, Eminent Domain Section, Hennepin County Bar AssociationJanuary 2006
- "Ethical Considerations for Property Owners and Condemnors," Panelist, Eminent Domain and Land Valuation Litigation, American Law Institute – American Bar AssociationSan Diego, Calif., January 2006
- "The Keys to a Successfull Condemnation Case – Who Wins and Why?" Annual Real Estate Institute, Minnesota CLENovember 2005
- "Litigation Appraisals and the Jurisdictional Exception Rule," Seventh Annual Real Estate Trends Seminar, Metro/Minnesota Chapter of the Appraisal InstituteJune 2005
- "Essentials of Commercial Relocation," Public Finance Seminar, Ehlers & Associates2005