The federal appeals court covering Michigan recognized that impacts on access suffered as a result of the reconstruction of a driveway may support a takings claim.

CHKRS, LLC v City of Dublin, No. 20-3435, 2021 WL 21808 (6th Cir Jan 4, 2021), addresses standing and the substance of takings claims relating to a residential driveway.

This case originated in Ohio and was heard by the Sixth Circuit Court of Appeals. The holding is pertinent in Michigan because the case involves analysis of federal law that applies in Michigan, federal law often informs Michigan state court decisions, and the Sixth Circuit includes the federal courts located in Michigan.

The Michigan Court of Appeals held that agencies appealing a denial of necessity must seek leave and do not enjoy a right to appeal but limited successful property owner attorney fee reimbursement in limited instances.

The Michigan Court of Appeals recently issued Consumers Energy Co v Storm, which is a decision for publication relating to a successful necessity challenge.

“Plaintiff sought an easement on defendants’ property that would stretch 80 feet from plaintiff's powerline onto defendants’ property, and would allow plaintiff to enter defendants’ property as necessary to maintain the powerline and to manage vegetation on the property that could threaten the line.” The property owners successfully challenged necessity.

MDARD approved a client’s site plan in accord with the new Farm Market GAAMP.

All reasonable attorney fees, including on appeal, are reimbursable after challenging a taking on jurisdictional or necessity reasons.

Ann Arbor is seeking grants of new easements in an area north of Dexter Avenue and West Huron Street, between Lyn Anne Court and Arbana Drive.

Last week, the Michigan Supreme Court declined to adopt a narrow view of the unique or special injury element in inverse condemnation, allowing Flint water plaintiffs’ case to proceed.

Plans will be released in September for a major road widening and non-motorized pathway project.

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.