Dedicated to Protecting Private Property Rights
OWNER’S GUIDE TO AVOIDING TAX ON CONDEMNATION PROCEEDS THROUGH INTERNAL REVENUE CODE §1033 RELATING TO INVOLUNTARY CONVERSIONS
The Internal Revenue Code allows taxpayers to defer gain arising from condemnation award.
US SUPREME COURT ALLOWS GREATER ACCESS TO FEDERAL COURTS FOR TAKING CASES
In Knick v Scott, SCOTUS overruled precedent requiring property owners asserting takings by state or local government to exhaust state court remedies before seeking relief in the federal courts.
ITC/ANN ARBOR EASEMENTS CLARIFIED TO REDUCE IMPACT ON PROPERTIES
In order to avoid a challenge to necessity, ITC agreed to including clarifications to its easement form in the court order awarding title and possession of it.
ANN ARBOR CITY COUNCIL REJECTS REZONING REQUEST
I successfully appeared on behalf of the property owners opposing a City-initiated rezoning of their property, presenting arguments establishing that such a rezoning would have constituted a taking.
CONTROVERSY SURROUNDS ET PIPELINE IN PENNSYLVANIA
A Pennsylvania pipeline may have received special political favors to expedite a pipeline project that is being criminally investigated and that has had numerous environmental issues.
WOULD THE PROPOSED DREDGING OF THE GRAND RIVER REQUIRE ACQUISITION OF PROPERTY RIGHTS FROM ADJACENT OWNERS?
This post is about questions rather than answers, but a proposed dredging project has me wondering about the property rights of adjacent owners.
MICHIGAN COURT OF APPEALS CONFIRMS THAT AGENCIES MUST STRICTLY COMPLY WITH PROCEDURAL REQUIREMENTS
In a published decision, the Court of Appeals dismissed a condemnation for lack of jurisdiction because the agency failed to make a proper good faith offer that included all owners.
METC’S FILING OF COLDWATER CONDEMNATION SUITS REFLECT THE BENEFITS OF RETAINING COUNSEL EARLY IN THE PROCESS
As a result of my pre-suit negotiations, court filings by METC, an entity related to ITC, include substantively modified easements that are less onerous on property owners.
“Supervariances” Can Mitigate Just Compensation Claims
The UCPA allows agencies to obtain “supervariances” that run with the land to mitigate the impacts of eminent domain takings.
EXAMPLE OF HIGHEST AND BEST USE ANALYSIS AND FUTURE DEVELOPMENT
A matter that I resolved recently is a good example of how, in condemnation, just compensation must be determined based on the highest and best use of property, which would include considering the impact on the future development of vacant land.
Example of Highest and Best Use Analysis and Future Development
A matter that I resolved recently is a good example of how, in condemnation, just compensation must be determined based on the highest and best use of property, which would include considering the impact on the future development of vacant land.
Just Compensation Must Include Payment for the Larger Parcel
The impacts of a taking must evaluate both the actual property being taken and the impacts upon the larger parcel, which could include other legally described properties.
U.S. Fourth Circuit Court of Appeals Allows Citizens Groups’ Environmental Lawsuit to Proceed
South Carolina decision could become relevant to protecting the Great Lakes.
Owners Guide to Understanding the Definition of Parcel
Just compensation includes not just the impact to the property actually taken but expands to include impacts to the larger parcel.
BEWARE OF THE RIGHT OF WAY AGENT
Let’s face it. Sometimes right of way agents can use questionable techniques. Here are some tactics to avoid.
ITC’S EXPANDED COLDWATER PROJECT IMPLICATES SPECIAL JUST COMPENSATION ISSUES FOR FARMERS
ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers.
Spill in North Dakota and Explosion in Orion Township Illustrates the Differences Between the Dangers of Petroleum and Natural Pipelines
210,000 gallons of crude oil leaked from Keystone Pipeline in South Dakota threatens groundwater in the area while a pipeline explosion in OrionTownship left a huge crater.
SCOTUS REJECTS DUELING BRIGHT LINE TESTS TO IDENTIFY PROPERTY AT ISSUE IN REGULATORY TAKINGS CASES
The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking.
TO LAWYER OR NOT TO LAWYER
This post contrasts the results obtained by a property owner who declined legal representation and negotiated his own deal versus other similarly situated owners on the same project who retained me.
ITC Being Sold for $11.3 Billion
A Canadian company is buying ITC for a staggering $11.3 billion.