Dedicated to Protecting Private Property Rights
INTERESTING CONDEMNATION CASES – ROAD COMMISSION UNWITTINGLY TAKES DEVELOPABLE LOT
In this case, the Road Commission offered a pittance to acquire a drainage easement and paid a small fortune because it actually destroyed a developable lot.
INTERESTING CONDEMNATION CASES – BIFF’S GRILL AND THE ONE RECOVERY RULE
Biff’s Grill v DOT illustrates the one recovery rule and demonstrates why an agency is assumed to use its newly acquired property rights to the fullest extent allowed by law.
METC FILING NEW CONDEMNATIONS IN COLDWATER
METC has filed multiple lawsuits in Branch County Circuit Court to gain property rights allowing expansion of and tree clearing around existing transmission lines.
KEYSTONE PIPELINE LEAKS OIL
Continuing publicity about pipeline leaks demonstrates both their dangers and market awareness of those dangers.
EGLE ANNOUNCES AWARDS FOR INFRASTRUCTURE IMPROVEMENT PROJECTS
16 municipal projects, which may or may not involve right of way acquisition, have received funding by EGLE.
DEQUINDRE NORTH OF UTICA TO NORTH OF AUBURN ROAD WIDENING ANNOUNCED
The Road Commission for Oakland County’s 2020 Budget includes widening Dequindre Road immediately south of the project for which they are acquiring right-of-way currently.
OAKLAND COUNTY ROAD COMMISSION INITIATES DEQUINDRE ROAD TAKINGS
Oakland County is widening Dequindre from Auburn to Hamlin Roads, requiring eminent domain to acquire necessary rights.
CITY OF NILES MOVING FORWARD WITH AVIGATION ACQUISITIONS
Niles and the MDOT Bureau of Aeronautics are taking the next steps in acquiring avigation easements from property owners surrounding the Niles Airport.
OWNER’S GUIDE TO UNDERSTANDING SUPERVARIANCES
The Uniform Condemnation Procedures Act provides condemning agencies with the ability to obtain variances to cure zoning non-conformities created by their takings.
MDOT AERONAUTICS BUREAU ISSUING INACCURATE BROCHURE
The Michigan Department Transportation Aeronautics Bureau is issuing a brochure based upon federal standards that is grossly inaccurate in many respects as it relates to property owner rights under Michigan Law.
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.