Dedicated to Protecting Private Property Rights
WOULD PROPOSED PROHIBITIONS AGAINST INTERNAL COMBUSTION ENGINE VEHICLES CONSTITUTE TAKINGS OF GAS STATION PROPERTIES?
Spoiler Alert, I don’t know, but it is interesting to contemplate.
ITC PLANNING MASSIVE ELECTRICAL LINE EXPANSION PROJECT
ITC is planning 18 transmission projects as part of the Long-Range Transmission Plan.
ITC LIMITS ACCESS RIGHTS IN MOUNTAIN PROJECT
ITC agrees to place limits on how it can access the industrial properties of my clients in order to reduce the impacts on their businesses.
CONSUMERS' NEW PROPOSED PROJECT CAUSES LOCAL UPROAR
A proposed high-voltage transmission line is vigorously opposed by impacted local residents.
SUCCESSFUL NEGOTIATION OF SIDEWALK EASEMENT
Substantial revisions were made to a sidewalk easement to address the business concerns of a large, well-known retailer on a major street, plus added just compensation was paid.
INTERESTING ARTICLE ADVOCATING ABILITY TO USE EXISTING OPTIONS TO EXPAND ELECTRICAL GRID
A recent article advocates the use of existing legislation to expand the electrical grid to facilitate greater use of renewable energy, which, if implemented, will require use of eminent domain.
WILL PROPOSED NEW MILITARY AIRCRAFT LOW FLIGHT PATTERNS RESULT IN TAKINGS?
Consistent low flying aircraft can result in a taking of private property, in violation of the Constitution.
BUSINESS INTERRUPTUS: EVIDENCE, INCLUDING COSTS FOR AVOIDING BUSINESS INTERRUPTION CLAIMS, IS LIBERALLY ADMITTED IN CONDEMNATION CASES WITHOUT A BURDEN OF PROOF
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Seventh, a 1985 Michigan case that confirms that evidence is liberally admitted in condemnation cases while discussing claims for the cost for business interruption.
ANN ARBOR PROCEEDING WITH UTILITY PROJECT
After years of delay, the City has finally confirmed that it is proceeding with a long-planned sewer project.
CONSUMERS FILING SUITS IN WASHTENAW COUNTY
Consumers Energy is using eminent domain to acquire new pipeline easements to replace an existing pipe.
FLY RIGHT: LOW OVERHEAD FLIGHTS AND PILOT DEVIATIONS FROM FAA FLIGHT PATTERNS CAN CREATE LIABILITY FOR AIRPORT AUTHORITIES
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Sixth, a 2012 Wisconsin case that relies upon federal precedents that protects property owners adjacent to airports.
GRILL THEM ABOUT THEIR PROMISES: ONLY BINDING CONTRACTUAL PROMISES AVOID THE ONE RECOVERY RULE
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Fifth, a 1977 Michigan case illustrates the negative consequences of relying upon non-contractual promises by a condemning authority about how property will be used and why, in partial takings, it is assumed that the rights acquired by an agency will be fully used.
A PAIR OF KINGS ACE THE AGENCIES: JUST COMPENSATION REQUIRES DISREGARDING IMPACTS FROM DELAYED PROJECTS
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Fourth, a pair of cases addressing the Scope of the Project Rule, which prevents owners from suffering where the prolonged delay in a project has negatively impacted property value.
ALWAYS SHOOT STRAIGHT: AGENCIES MUST STRICTLY COMPLY WITH ALL PROCEDURAL REQUIREMENTS
In homage to the upcoming season, I am writing the 12 Days of Eminent Domain, highlighting a dozen of my favorite eminent domain decisions. Third, an 1876 Michigan opinion requiring exact compliance with procedural rules.
STOP RIGHT THERE: NO CONDEMNATION, NO HIGHWAY
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Second, a 1976 Michigan opinion halting the construction of the M-14 highway until the Department of Transportation acquired residential use restrictions.
HOLD THE SALAMI: THE GOVERNMENT CANNOT STAGE MULTIPLE ACQUISITIONS TO REDUCE TOTAL JUST COMPENSATION
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. First, a 1973 United States Supreme Court case with both a substantive ruling that fairly benefits property owners and contains an unusual, historically significant turn of phrase.
SUCCESS FOR FARMERS – PART II
Consent Judgment Entered in Zoning Enforcement Action Allowing Unique Farming Activities to Continue
SUCCESS FOR FARMERS – PART I
GAAMPS Allow Construction and Maintenance of Farm Buildings Used to Store Fertilizer and Pesticides
ITC ISSUING GOOD FAITH OFFERS FOR MOUNTAIN PROJECT
ITC Is Initiating Procedural Steps to File Lawsuits to Acquire Easements for a New Transmission Along Brown and Dutton Roads Near Lapeer Road.
SUPREME COURT UPHOLDS DISTINCTION BETWEEN AGENCY AND OWNER NECESSITY APPELLATE RIGHTS
Agencies enjoy an appeal of right of adverse decisions regarding necessity while owners must seek leave.