OSHTEMO TOWNSHIP APPEALING MPSC DECISION ALLOWING ITC TO PROCEED WITH WEEDS LAKE PROJECT

Oshtemo Township has announced its intention to appeal an MPSC ruling favorable to International Transmission Company (“ITC”), delaying condemnations.

Following closed session discussions, Oshtemo Township has announced that it will appeal the Michigan Public Service Commissions’ (“MPSC”) ruling.  This will delay condemnation acquisitions by ITC for its planned electrical transmission lines.  To read an article on MLive discussing this appeal, click here.

On one hand, the MPSC has approved the project.  On the other hand, an appeal might overrule that decision.  A potential developer or buyer of property in the area that would be affected by the project would likely be deterred by the uncertainty surrounding the status of this project.  Therefore, the uncertainty will create a negative effect on the value of property potentially being impacted by the project. 

If ITC ultimately prevails, any uncertainty created by the pendency of the project must be disregarded when valuing property before the taking.  Michigan eminent domain law is consistent with federal law.  The effects of the contemplation of a project must be disregarded when appraising property’s value before the taking.  I prepared a more lengthy article discussing this issue for Laches, a magazine published by the Oakland County Bar Association, along with other eminent domain issues.  While that article is older (it is hard to believe it was published eleven years ago), the discussion about this rule of law remains true today.  To read that article, click here. 

If you have any questions about eminent domain or condemnation issues, please do not hesitate to contact me.