CONTACT
Member, Clark Hill PLC
Phone: (313) 965-8897
Fax: (313) 309-6897
Email: sbagne@clarkhill.com
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.
The Michigan Court of Appeals upheld my jury verdict awarding a total taking in an airport case, resulting in a $590,000 award after a $25,000 good faith offer.
Saturday, September 13, 2014 at 9:16AM I published an article in the May/June edition of Right of Way Magazine titled Broad Rights of an Avigation Easement. The article focuses upon the requirement that condemning authorities pay just compensation based upon the assumption that all rights involuntarily acquired from property owners will be used to the fullest extent of the law in the context of my trial and appellate experiences dealing with airport easements.
Thursday, May 15, 2014 at 12:12PM ITC appraisers are contacting property owners in Taylor, demonstrating that good faith offer and lawsuits will soon follow.
Monday, April 28, 2014 at 2:53PM ITC, through its subsidiary, Michigan Electric Transmission Company, LLC ("METC"), has submitted good faith offers as a prerequisite to filing condemnation lawsuits in the Oshtemo Weeds Lake project.
Monday, April 28, 2014 at 2:49PM Utility companies interpret generic language allowing them to “destroy” or “control” vegetation to include the use of herbicides on private property. However, neither the easements nor Michigan Law require the utility companies to provide actual notice to property owners about the use of herbicides.
Monday, March 24, 2014 at 12:13PM Underlying fee property owners and not the United States are entitled to the fee simple interest in an abandoned railroad easement.
Friday, March 14, 2014 at 12:13PM In a partial taking case, Michigan law requires just compensation to be awarded based upon the assumption that the agency will use its newly acquired rights to the fullest extent allowed by law. A recent trial court ruling excluded evidence that ITC sought to admit based upon this principal.
Wednesday, March 12, 2014 at 11:13AM The Michigan Supreme Court refused to review a published opinion issued by the Michigan Court of Appeals upholding a successful verdict and the requirement that the County pay significant interest on the judgment.
Wednesday, December 11, 2013 at 3:34PM Despite Oshtemo Township appeal an MPSC ruling favorable to International Transmission Company (“ITC”), ITC is undertaking preliminary steps to initiate condemnations.
Friday, November 1, 2013 at 3:10PM Just compensation is owed for the impact on the entire large parcel, not merely the particularly described property from which a taking occurs.
Tuesday, October 15, 2013 at 10:01AM Even if an agency seeks to acquire property rights to facilitate a project that is unquestionably a public use, property owners may challenge whether it is necessary for the agency to acquire all the rights it seeks.
Saturday, September 28, 2013 at 2:42PM Before filing an eminent domain lawsuit, an agency must submit a good faith offer identifying both the rights they seek to acquire and the just compensation being offered. Since agencies are entitled to gather information to support a good faith offer, it is best to retain counsel as soon as possible.
Thursday, September 5, 2013 at 1:49PM Oshtemo Township has announced its intention to appeal an MPSC ruling favorable to International Transmission Company (“ITC”), delaying condemnations.
Friday, August 16, 2013 at 9:18AM International Transmission Company ("ITC") overturned an Administrative Law Judge's opinion, taking a step forward to allowing ITC to condemn necessary along a seven mile route in Oshtemo Township, Kalamazoo County.
Monday, August 5, 2013 at 8:41AM The Wisconsin Supreme Court, relying on United States Supreme Court rulings that apply in all states, recognized that low, frequent flights over property may be compensable even if they do not deprive the owner of substantially all beneficial use of the property. This applies even when pilots deviate from established flight paths.
Friday, August 2, 2013 at 3:11PM Property owners must fully understand the rights being acquired from them to avoid nasty surprises later. In some instances, property owners can reduce the impact of onerous easements.
Monday, July 22, 2013 at 12:29PM If people are forced to move from their home by condemnation, they may be entitled to additional benefits including payment of 125% of just compensation, a payment to offset future property tax increases, and moving benefits. Property owners are always entitled to reimbursement of reasonable expert fees and generally entitled to reimbursement of their attorney fees.
Tuesday, July 16, 2013 at 10:40AM Homes are incompatible with Runway Protection Zones at the end of runways. If the governmental attempts to acquire only an easement, Michigan law allows a property owner to demand that their entire property be purchased.
Friday, July 12, 2013 at 2:25PM Court of Appeals upheld a jury verdict awarding $470,000 in just compensation, where the condemning authority offered only $49,500. The Court of Appeals also upheld an award of statutory interest of approximately $100,000.
Friday, July 5, 2013 at 10:01AM I hope that this blog will be informative to both attorneys who do not specialize in the area of condemnation and lay people. It will address legal concepts that arise in condemnation cases, issues that impact condemnation law in the state of Michigan and events that take place in my law practice representing property owners being subjected to eminent domain cases.
Wednesday, July 3, 2013 at 2:19PM