Dedicated to Protecting Private Property Rights
MICHIGAN ELECTRIC TRANSMISSION COMPANY EVALUATING NEW NELSON ROAD TO ONEIDA PROJECT IN GRATIOT, CLINTON, IONIA, AND EATON COUNTIES
METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.
WHO OWNS THE ROADS?
A recent New York Times article asks this question rhetorically when discussing repurposing right of way, but the literal question implicates property rights.
MICHIGAN ELECTRIC TRANSMISSION COMPANY EVALUATING NEW HELIX TO HIPLE PROJECT IN CALHOUN AND BRANCH COUNTIES
METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.
US SUPREME COURT UNANIMOUSLY RULES THAT GOVERNMENTS CANNOT RETAIN THE EXCESS VALUE OF FORECLOSED HOMES
This recent opinion conforms federal law to a recent Michigan opinion.
UNIVERSITY OF MICHIGAN THREATENING EMINENT DOMAIN TO ACQUIRE LAND FOR NEW DORMS
Defending an eminent domain acquisition is rarely “expensive” for property owners, notwithstanding an assertion to the contrary by a UM Regent.
SIXTH CIRCUIT EXTENDS UNCONSTITUTIONAL CONDITIONS DOCTRINE
Governments cannot attach unreasonable conditions to permit requests.
MICHIGAN COURT OF APPEALS CONFIRMS CANTON TREE ORDINANCE IS UNCONSTITUTIONAL
The ruling upholds a victory by Clark Hill and the Texas Public Policy Foundation.
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.