Dedicated to Protecting Private Property Rights
Oakland County Road Commission Will Be Seeking Property Rights on Novi Road
The Oakland County Road Commission plans to widen Novi Road, potentially encroaching on private properties for easements, and affected property owners are invited to seek additional compensation for potential impacts on zoning compliance, signage, and vegetation.
METC’s Easement Option Agreements: Why Would Anyone Sign Them?
Having had a chance to examine a couple of the Easement Option Agreement packages that METC’s right of way agents have distributed, here is my perspective on why they can be summed up as “more rights for less money.”
Strength in Numbers
This post highlights how collective representation strengthens property owners' cases in the METC Helix and Oneida Substation projects. Contact me to discuss your options—no retainer required, and representation ends at no cost if no rights are acquired.
Ownership Group Forming for Consumers Houghton Lake Substation Project
Consumers Energy is seeking easements in Roscommon County with minimal compensation, impacting property values through tree removal and reduced curb appeal. I represent clients on a contingency basis to secure fair compensation above Consumers' initial offer—contact me to discuss your options.
Does METC Enjoy Public Use and Necessity for the Dorrance Interconnection Project?
Michigan Electric Transmission Company is filing new condemnation lawsuits that may be legally deficient to support a solar farm.
Owner’s Guide to Avoiding Tax on Condemnation Proceeds Through Internal Revenue Code §1033 Relating to Involuntary Conversions
You might be familiar with the practice of deferring gain through like-kind exchanges under IRC §1031. The rules governing like-kind exchanges are strict, and the deadlines are short. Section 1033 provides a more relaxed procedure, with more generous deadlines, for avoiding gain arising from “involuntary conversions.”
Best Lawyers in America
I’ve been selected for inclusion in the 2025 edition of The Best Lawyers in America® for my work in Eminent Domain and Condemnation.
Issues that Owners Potentially Impacted by the Michigan Electric Transmission Company ITC Helix Substation to Hipple Substation and Oneida Substation to Nelson Road Substation Projects
Michigan Electric Transmission Company (“METC”), which is related to International Transmission Company or ITC, is pursuing two petitions for Michigan Public Service Commission approval. It is starting land acquisition by sending letters advising property owners that land consultants will be contacting them in the coming weeks to obtain easements.
Major Victory in Ann Arbor Sewer Cases
The City of Ann Arbor initiated ten cases seeking to acquire sewer easements from residential properties. I represented the owners of seven single family homes, two duplexes, and one small apartment building. The City’s good faith offers for these cases totaled $50,725.
Michigan Gas Utilities Corporation Pursuing Acquisitions for Marshall to Coldwater Pipeline Replacement Project
Efforts being made to obtain right of way for a project that was approved by the Michigan Public Service Commission.
IN SHEETZ V EL DORADO, CALIFORNIA, SCOTUS EXPANDED EXACTION CLAIMS
The Supreme Court applied the exaction test, which limits conditions placed on obtaining zoning approval, to both legislative and administrative permit conditions.
IN DEVILLIER V TEXAS, SCOTUS ALLOWS STATE LAW FLOODING CLAIMS TO PROCEED IN FEDERAL COURT
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.
INTERNATIONAL COUNCIL OF SHOPPING CENTERS EVENT
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.
ANOTHER MAJOR WIN IN AIRPORT CASE
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.
MAJOR VICTORY IN AIRPORT TAKING
Northern Michigan airport agrees to pay almost 15 times their offer to settle after I won all the pretrial motions.
CONSUMERS ENERGY USING EMINENT DOMAIN IN GRAYLING AREA
Consumers will be condemning property south of Grayling for the Skyline High Voltage Distribution Project.
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.