United States Supreme Court Requires Payment of Just Compensation for Taking of Personal Property

SCOTUS held that an act regulating the commercial market for raisins in part by requiring farmers to deliver a portion of their crop to the government constitutes a taking requiring payment of just compensation, notwithstanding any interest that the farmer retains in the sale of those raisins or the benefits that the farmers receive through the regulation of the raisin market.  In doing so, the SCOTUS refused to recognize a distinction between the public’s interest in personal versus real property. SCOTUS also reasserted that physical appropriations of private property by the government are more readily proven to be takings than regulatory takings.

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Nexus Pipeline in Washtenaw, Lenawee and Monroe Counties Creating Concerns

Local media reports highlight concerns about yet another new natural gas pipeline.  

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The Market’s Recognition of the Danger of Natural Gas Pipelines Impacts Fair Market Value of Properties Encumbered by Pipelines

When determining market value, appraisers must assume that the purchaser has “knowledge of all of the uses and purposes to which it is adapted and for which it is capable of being use.”  The internet allows access to extensive information detailing natural gas pipeline explosions.  A buyer acting with “knowledge” would be presumed to be aware of these issues.  This impacts market value.

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ITC’S NEW SPIN ON OLD SALAMI TACTICS

ITC has suggested that a property owner can avoid an immediate condemnation if ITC is allowed to remove certain trees.  However, ITC has not promised to avoid ever condemning.  ITC cannot avoid eventually condemning the property because it must expand upon the property rights it currently enjoys in order to comply with federal regulations.  If ITC removes the trees now, as a result of a voluntarily grant provided by the property owner, ITC will avoid paying significant just compensation for those trees when it eventually condemns. This is called a “salami tactic.”

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Wolverine Pipeline Seeks a Second Line in Pittsfield Township

Wolverine Pipeline Company seeks to add a second line along an existing easement. 

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ITC Seeking Vegetation Management Easements in Ypsilanti Township

ITC Land Agents Are Seeking Vegetation Management Easements in Ypsilanti Township

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OWNERS’ GUIDE TO UNDERSTANDING AND RESPONDING TO AN ITC EASEMENT REQUEST

I have been contacted by a property owner from whom International Transmission Company (“ITC”) is seeking to acquire new property rights along an existing transmission line.  This blog post responds to the owners’ questions about why ITC is seeking to expand its rights and summarizes the blog posts most relevant to an owner approached by ITC. 

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Condemnation in China

If you think eminent domain is bad in the United States, check out what happens in China. 

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ET Rover Owner Group Forming in Lenawee County

I am working on assembling an owners group in Lenawee County to deal with the ET Rover Project.

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ET Rover Pipeline Active in Lenawee, Livingston and Washtenaw Counties

ET Rover landmen are trying to acquire property rights after the pipeline was rerouted. 

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New International Bridge One Step Closer

Recent Detroit News article indicates that bridge negotiations are proceeding successfully.

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Lenawee County Compelled to Acquire Additional Easements

Lenawee County has resolved a new lawsuit filed on behalf of property owners adjacent to its expanded airport by agreeing to initiate formal condemnation proceedings this summer.

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ITC Files Lawsuits to Expand Transmission Line Serving Karegnondi Pumping Station

International Transmission Company (“ITC”) has filed lawsuits in Lapeer Circuit Court to expand pre-existing transmission lines. 

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ET Rover Significantly Alters Pipeline Route

ET Rover has altered the route of its proposed pipeline in response to massive citizen protest, resulting in the pipeline construction being limited to Washtenaw, Lenawee and Livingston Counties.

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MDOT Preparing to Initiate International Bridge Condemnation

MDOT has issued initiated the process of retaining right of way acquisition companies to implement condemnations for the new International Bridge project.

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Michigan Court of Appeals Issues Opinion for Publication Allowing a Tenant to Appeal Property Tax Assessment for a Shopping Center

Michigan Court of Appeals Issues Opinion for Publication Allowing a Tenant to Appeal Property Tax Assessment for a Shopping Center.

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Waisanen Decision Expands Owners Rights to Assert Adverse Possession or Acquiescence Claims Against the Government.

A recent published opinion could greatly affect the ability of Michigan municipal corporations to protect their property ownership interests from claims for adverse possession or acquiescence brought by private parties. While this case does not specifically address eminent domain issues, it is relevant.  Adverse possession and acquiescence claims can in an eminent domain suit if owners assert that they enjoy rights in property titled in the government and make damage claims for the loss of those rights.

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ITC Condemning Rights to Expand Transmission Lines to Service Karegnondi Water Authority Pumping Station

International Transmission Company ("ITC") has initiated eminent domain proceedings to acquire property rights in Lapeer County to supply power required to service a Karegnondi Water Authority pumping station.

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ITC Serving Lawsuits in Taylor and Brownstown

International Transmission Company (“ITC”) is actively serving lawsuits in Taylor and Brownstown that employ eminent domain to expand the right to remove vegetation, among other things, surrounding pre-existing transmission lines.

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An Introduction to Eminent Domain

I co-authored an article entitled An Introduction to Eminent Domain for the SRR Journal, which is published by Stout Risius Ross, a Global Financial Services Firm.  To read the article, click here.