Grade Changes and Zoning Impacts Are Among the Type of Claims that Should Be Evaluated in Partial Taking Cases (Video)
This post examines just compensation claims attributable to changes in grade caused by road construction and the impacts of the taking on zoning compliance.
Examples of Cases in Which Civil Engineers Helped Establish Significantly Increased Just Compensation in Partial Taking Cases (Video)
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.
The Scope of the Project Rules Requires Before Taking Values to Be Established by Disregarding the Impact of the Taking (Video)
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.
The Cost to Cure Impacts from Partial Takings May Be Considered When Determining Just Compensation (Video)
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.
Michigan Law Recognizes that Takings Can Be Challenged If the Agency Lacks Necessity to Acquire the Rights Sought (video)
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.
Michigan Law’s Definition of Parcel Allows Consideration of Property Beyond that Which Is Directly Taken for Purposes of Determining Just Compensation (video)
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.
Only Agencies Can Obtain Variances that Run with the Land to Cure the Impacts of Eminent Domain Takings (video)
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.
Don’t Be Fooled By an Agency’s Small Good Faith Offer, Which May Disguise Larger Just Compensation Impacts (video)
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.
Michigan’s Public Use Standards Changed Dramatically Based on Three Decisions Addressing Metro Detroit Takings (video)
Explore Michigan’s evolving public use standards involving accompanying private benefits with stops at the sites of the Poletown, Hathcock, and Adell decisions.