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.

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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.

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Consumers Energy Using Eminent Domain in Grayling Area

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

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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.

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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.

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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.

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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.

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Sixth Circuit Extends Unconstitutional Conditions Doctrine

Governments cannot attach unreasonable conditions to permit requests.

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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.

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Michigan Court of Appeals Confirms Canton Tree Ordinance Is Unconstitutional

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

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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.

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ITC Planning Massive Electrical Line Expansion Project

ITC is planning 18 transmission projects as part of the Long-Range Transmission Plan.

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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.

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Consumers' New Proposed Project Causes Local Uproar

A proposed high-voltage transmission line is vigorously opposed by impacted local residents.

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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.

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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.

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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.

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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.

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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.

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