The Department of Agriculture exercised power granted by the Right to Farm Act to issue a new Farm Market Generally Accepted Agricultural Management Practices that expands preemption of local ordinances.

A recent decision prohibits government agencies that foreclose on property for unpaid taxes from keeping excess amounts to the extent that the proceeds of the auction sale are greater than the delinquency owed.

Notwithstanding what a right of way agent may tell you, Michigan law recognizes your right to obtain an independent appraisal at the agency’s expense and attorney consultations are generally handled on a contingency fee basis.

Certain steps should be taken in commercial leases eminent domain provisions regardless of whether they are negotiated from the perspective of the landlord or tenant. 

The federal government has been delegated authority to exercise eminent domain to acquire both real and personal property, including the right to take immediate possession of that property, through the Stafford Act, which President Trump has cited as a basis for emergency powers due to the COVID-19 virus.

METC/ITC right of way acquisition agents are seeking easements for the construction of the new transmission line near Marshall.

I successfully argued that Consumers failed to make a proper good faith offer requiring dismissal of a suit in Macomb County Circuit Court seeking acquisition of a temporary construction easement to install a pipeline.

To be eligible for federal funding, local governments must commit to using eminent domain to remove houses with a likelihood of flooding and risk of danger to the occupants.

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.

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 has filed multiple lawsuits in Branch County Circuit Court to gain property rights allowing expansion of and tree clearing around existing transmission lines.

Continuing publicity about pipeline leaks demonstrates both their dangers and market awareness of those dangers.

16 municipal projects, which may or may not involve right of way acquisition, have received funding by EGLE.

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 is widening Dequindre from Auburn to Hamlin Roads, requiring eminent domain to acquire necessary rights.

Niles and the MDOT Bureau of Aeronautics are taking the next steps in acquiring avigation easements from property owners surrounding the Niles Airport.

The Uniform Condemnation Procedures Act provides condemning agencies with the ability to obtain variances to cure zoning non-conformities created by their takings.

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.

The Internal Revenue Code allows taxpayers to defer gain arising from condemnation award.

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.