ITC PROCEEDING WITH PRELIMINARY ACQUISITION EFFORTS DESPITE OSHTEMO TOWNSHIP APPEALING MPSC DECISION IN WEEDS LAKE PROJECT

Despite Oshtemo Township appeal an MPSC ruling favorable to International Transmission Company (“ITC”), ITC is undertaking preliminary steps to initiate condemnations.

I have been retained by a number of property owners who will be effected by the ITC Weeds Lake Project, assuming for the sake of that argument that ITC is allowed to proceed.  For more information about the MPSC decision approving the project, click here and for more information about Oshtemo Township’s appeal click here.

Notwithstanding the appeal, ITC is actively contacting property owners through its right-of-way agents.  ITC is also actively surveying properties.  Surveys are a necessary initial step in a condemnation because an agency must describe any area being encumbered or acquired.

It is important for property owners contacted by the right-of-way agent to understand that these agents are not neutral parties.  They are advocates for the acquiring agency.  Right-of-way agents frequently downplay both the impact of a taking and the compensability of that impact when negotiating with property owners.  Additionally, agencies will often seek more legal rights than they are allowed to acquire or that they would be willing to purchase in an actual eminent domain agency.  In fact, ITC has a history of seeking much broader rights than they actually require from unsophisticated property owners who are willing to give those added rights away without proper just compensation.  Click here to read a post discussing these issues. 

Every property owner being contacted by a right-of-way agent for ITC should contact an experienced eminent domain lawyer who specializes in representing property owners.  If you have been contacted by ITC, feel free to contact me.