Challenges to Takings - Michigan's Public Use Standard Changed Dramatically Based on Three Decisions Addressing Metro Detroit Takings
Explore Michigan’s evolving public use standards involving accompanying private benefits with stops at the sites of the Poletown, Hathcock, and Adell decisions.
Challenges to Takings - Michigan Law Recognizes that Takings Can Be Challenged if the Agency Lacks Necessity to Acquire the Rights Sought
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.
Valuing Property Before the Taking - Michigan Law's Definition of Parcel Allows Consideration of Property Beyond that Which is Directly Taken for Purposes of Determining Just Compensation
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.
Valuing Property Before the Taking - Scope of the Project Rules Requires Before Taking Values to be Established by Disregarding the Impact of the Taking
When evaluating before-taking value, the impact of the project must be disregarded. This is called the Scope of the Project Rule. This post discusses the application of the rule in two cases involving projects that had been contemplated for decades and caused significant negative impacts on properties that, when disregarded, justified higher values before the taking.
Damages to the Remainder - Only Agencies Can Obtain Variances that Run with the Land to Cure the Impacts of Eminent Domain Takings
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.
Damages to the Remainder - Don't Be Fooled By an Agency's Small Good Faith Offer, Which May Disguise Larger Just Compensation Impacts
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.
Damages to the Remainder - The Cost to Cure Impacts from Partial Takings May Be Considered When Determining Just Compensation
Damages to the remainder can be measured by evaluating the costs necessary to cure an impact of a taking. But Michigan law only allows cost to cure to be used when it is less than the total damages incurred. This post discusses cost to cure in a case where access was prevented unless a bridge was built.
Damages to the Remainder - Examples of Cases in Which Civil Engineers Helped Establish Significantly Increased Just Compensation in Partial Taking Cases
It is sometimes necessary to retain experts beyond real estate appraisers to quantify just compensation. This post focuses on two cases in which civil engineers provided assistance, including a recent matter requiring preparation of before and after taking site plans and cost estimates to measure the impact of a pipeline easement.
Damages to the Remainder - Grade Changes and Zoning Impacts are Among the Type of Claims that Should be Evaluated in Partial Taking Cases
This post examines just compensation claims attributable to changes in grade caused by road construction and the impacts of the taking on zoning compliance.