The location of a leading published opinion discussing necessity standards barring the acquisition of excessive rights precedes two stops in Detroit where successful challenges occurred.

The parking lot of a church in Detroit was not acquired to be part of the Comerica Park footprint because the definition of parcel would have required payment of significant damages to the remainder attributable to the church building itself.

A fast food restaurant in Walled Lake serves as an example of a supervariance acquired by an agency to mitigate just compensation claims stemming from zoning non-compliances created by an easement acquisition.

Cases in Pontiac, Franklin, and Rochester Hills involving nominal good faith offers and significant just compensation increases on a percentage basis illustrate that even small good faith offers should be reviewed by experienced eminent domain counsel.

Explore Michigan’s evolving public use standards involving accompanying private benefits with stops at the sites of the Poletown, Hathcock, and Adell decisions.

Efforts being made to obtain right of way for a project that was approved by the Michigan Public Service Commission.

The Supreme Court applied the exaction test, which limits conditions placed on obtaining zoning approval, to both legislative and administrative permit conditions.

The United States Supreme Court allows property owners to pursue claims attributable to flooding of their properties caused by a dam built to protect a hurricane evacuation route.

I will be leading roundtable sessions at ICSC’s April 18 Conference.

ICSC is a leading trade group representing a wide variety of property owners, retailers, and professionals who support them that are involved in retail shopping centers. I will be presenting at a roundtable at its April 18, 2024 Continuing Education Program in Novi. The presentation will provide a quick overview of eminent domain procedures and focus on just compensation issues that can impact retail locations but are often missed by agency appraisers. I have participated in these events in the past. If you are attending, please attend my roundtable or introduce yourself during the program.

A substantial increase in just compensation occurred after the County’s appraiser failed to understand or analyze the substantive issues in the case and illustrates why the Uniform Condemnation Procedures Act entitles owners to commission independent appraisals at the agency’s expense.

Northern Michigan airport agrees to pay almost 15 times their offer to settle after I won all the pretrial motions.

Consumers will be condemning property south of Grayling for the Skyline High Voltage Distribution Project.

METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.

A recent New York Times article asks this question rhetorically when discussing repurposing right of way, but the literal question implicates property rights.

METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.

This recent opinion conforms federal law to a recent Michigan opinion.

Defending an eminent domain acquisition is rarely “expensive” for property owners, notwithstanding an assertion to the contrary by a UM Regent.

Governments cannot attach unreasonable conditions to permit requests.

The ruling upholds a victory by Clark Hill and the Texas Public Policy Foundation.