Benjamin R. Tozer

Ben’s practice includes a broad range of litigation and real estate work, with a particular expertise related to condemnation and eminent domain.

Ben assists both landowners and taking authorities in condemnation. He has substantial experience in eminent domain, including acquiring title to and possession of property necessary for public projects, obtaining just compensation in the valuation process, advising clients on relocation benefits, and analyzing and arguing unique and complicated statutes, such as the validity of “Buy-the-Farm” elections. Ben’s expertise also includes appellate issues in condemnation matters. Ben also advises landowners, electric utilities, and pipeline companies on real estate matters, negotiating with relevant stakeholders.

• Represents numerous owners of properties to be taken for the Southwest Light Rail Transit project, including owners of residential developments, office buildings, industrial properties and development properties.
• Represents a high voltage transmission line project in all aspects of right-of-way condemnation, including issues pertaining to Minnesota’s unique “Buy-the-Farm” statute. In connection with this work, Ben has appeared in court and before court-appointed Commissioners in valuation hearings.
• Represented utilities with respect to challenges of special assessments.
• Represents clients with real estate disputes such as title disputes, boundary line disputes, zoning and land use needs, and other real estate related matters.
• Represented a family farm condemned for highway purposes with a focus on relocation assistance.
• Represented 10 Indian guest workers in a high-profile human trafficking lawsuit against Signal International.
• County of Anoka v. Ramsey-Arbor Properties, LLC, 2017 WL 6567697 (Minn. Ct. App. Dec. 26, 2017) (unpublished) (obtained reversal of the District Court’s grant of summary judgment against the landowner, thus allowing the landowner to make a claim for severance damages to all of their property.)

Education

• University of Minnesota Law School, J.D., 2012, magna cum laude
• University of Michigan, B.S., 2009, high honors

Admissions

• Minnesota, 2012
• North Dakota, 2013
• Wisconsin, 2018
• Michigan, 2024
• U.S. District Court for the District of Minnesota, 2012

• Best Lawyers: Ones to Watch, Energy Law, 2025
• Minnesota Super Lawyers Rising Star, Eminent Domain, 2017-2024
• North Star Lawyer, Minnesota State Bar Association, 2012-2020, 2022
• Pro Bono All Star, Minnesota State Bar Association, 2020
• Pro Bono Volunteer of the Year, Fredrikson & Byron, 2017
• Young Professional of the Year, IRWA Chapter 20, 2016
• Attorney of the Year, Minnesota Lawyer, 2015
• Regional and National Champion, American Bar Association Negotiation Competition, 2011-2012
• Runner-Up as a Representative for the United States, International Negotiation Competition (Belfast, Northern Ireland), 2012
• Order of the Coif

Professional Activities

• Minnesota State Bar Association
• Hennepin County Bar Association
• International Right-of-Way Association, North Star Chapter, Former President
• National Institute of Trial Advocacy, National Session