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Stephon B. Bagne

Member, Clark Hill PLC

Phone: (313) 965-8897

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Stephon B. Bagne’s expertise in representing property owners in condemnation cases is widely recognized. Stephon has represented all types of property owners in a variety of situations including vacant and improved property, partial and total takings, easement and fee acquisitions, involving commercial and residential properties. He has won jury trials in courts throughout the State of Michigan and successfully defended those verdicts before the Michigan Court of Appeals. Stephon has prevailed in challenges of the necessity of takings and negotiated less onerous acquisitions in partial taking matters. He regularly speaks and writes about eminent domain and other real estate law issues for a variety of professional organizations. For a more complete bio, please click here.

 

 

 

 

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Tuesday
Dec122023

Consumers Energy Using Eminent Domain in Grayling Area

Consumers will be condemning property south of Grayling for the Skyline High Voltage Distribution Project.

Consumers is in the process of gathering financial data as a prelude to issuing good faith offers and initiating eminent domain proceedings. MCL 213.55 allows agencies to obtain financial data both to help identify potential unrecorded ownership interests that must be included as part of a good faith offer and to help evaluate the amount of just compensation to be offered. Generally, this means that appraisals are being prepared and good faith offers will be issued soon. The timing of the request may indicate that Consumers hopes to obtain possession of easement rights in time for the 2024 construction season.

High voltage distribution lines can have a variety of impacts on different types of properties. The impacts must be evaluated based upon the assumption that Consumers will use any newly acquired property rights to the fullest extent allowed by law. Typical impacts include loss of vegetation, which may negatively impact property value due to loss of aesthetics, buffering, or create zoning noncompliance. Further, the location of lines could impact the manner in which vacant property can be developed. Often, development property encumbered by new electrical lines can have their development yields reduced and per unit development costs increased. Those type of impacts are often measured with the assistance of a civil engineer.

Property owners generally benefit when a group is represented by the same attorney.

If you have been contacted by Consumers or any other agency about this or a different project, please feel free to contact me.

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