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Typical NE Minneapolis Walls

Typical NE Minneapolis Walls

Many NE Minneapolis retaining wall properties have received 244.1590 violations from the City of Minneapolis.  But, a combination of property boundaries and likely street grading point to the walls being the City's duty, not the homeowners' due to a misapplication of the ordinance.  Owners blindly pay for expensive repairs when they aren't adequately told otherwise.

Common City Sidewalk

Common City Sidewalk

This entire block has retaining walls in or along the public right-of-way created by likely street grading decades ago.

City Tagged for $90,000 Retaining Wall in Right-of-Way

City Tagged for $90,000 Retaining Wall in Right-of-Way

Minneapolis issued a violation to an uphill owner to "repair or replace"  this public retaining wall.  The wall is 8' in the City's public right-of-way, and Minneapolis' early street grading created the need for it.   A court ordered the City to pay for the $90,000 wall.  The City fought for 5 years, and taxpayers funded the excessive losing litigation costs.

Corner Lot

Corner Lot

This corner lot has a large retaining wall that provides support to the uphill owner.  It is very probable that street and sidewalk grading by the city created the need for this wall that is located in the public right-of-way.  Retaining walls like this support numerous uphill properties on this hilly block. Under these facts, the excavator (city) owes the uphill owner (private property) the retaining wall, not vice versa.

 

 

Commercial Property

Commercial Property

Street grading in and along right-of-way most likely created the need for these big retaining walls at these multifamily housing buildings on hilly slope.  Churches, hospitals, cemeteries, schools and condos are entitled to retaining wall support from city excavating just like a private homeowner.

Wall Supports Uphill Property

Wall Supports Uphill Property

A common-looking retaining wall in the municipal right-of-way that supports the uphill private property.  Early street excavating likely cut away the slope so the city could install streets and sidewalks along this entire sloped block.  With these facts, the excavator (downhill, city) would remain responsible for the retaining wall to the uphill property, not vice versa. 

Retaining Walls in Right-of-Way

Retaining Walls in Right-of-Way

Retaining walls in or along a city right-of-way that appear to be the result of street and sidewalk grading from downhill (city) right-of-way.  Note that retaining walls support uphill private properties on this block and city would likely be responsible for maintenance when it results from grading and is in the or along right-of-way, and are not the proper subject of a violation order.

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Typical NE Minneapolis Walls
Common City Sidewalk
City Tagged for $90,000 Retaining Wall in Right-of-Way
Corner Lot
Commercial Property
Wall Supports Uphill Property
Retaining Walls in Right-of-Way

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Disclaimer:  The information provided on this website is not intended to be a substitute for paid professional advice, including but not limited to legal advice.  Laws vary by state.  Each case is fact-specific.  All help offered should be confirmed by with a qualified legal professional who is familiar with your situation and with whom you have an attorney-client relationship.  FixThisWall clients are not obligated to retain the attorneys listed on this site. This site was create by Elizabeth Howell, is Minnesota specific, and the photos are Elizabeth Howell's.   Additional images from Shutterstock and Flickr (within creative commons legislation).