Dedicated to Protecting Private Property Rights
LOW OVERFLIGHTS BY AIRCRAFT MAY REQUIRE AIRPORTS TO PAY JUST COMPENSATION
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.
READ THE SMALL PRINT – JUST COMPENSATION IS CALCULATED BY ASSUMING THE AGENCY WILL USE ALL ACQUIRED RIGHTS
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.
MICHIGAN LAW ENTITLES HOMEOWNERS TO SUBSTANTIAL BENEFITS IN ADDITION TO PAYMENT OF JUST COMPENSATION
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.
Runway Protection Zones Destroy The Value of Residential Properties
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.
MICHIGAN COURT OF APPEALS UPHOLDS MY TRIAL VICTORY IN AN AIRPORT AVIGATION EASEMENT/RUNWAY PROTECTION ZONE CASE
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.