Clark Hill PLC is an entrepreneurial full-service law firm serving clients in all areas of  real estate, business legal services, litigation, and personal legal services. For more information on Clark Hill's practice areas, professionals, and office locations, please visit clarkhill.com


Click here to add this blog to your RSS feed, or subscribe by email below

This form does not yet contain any fields.







    Stephon B. Bagne

    Senior Counsel, Clark Hill PLC

    Phone: (313) 965-8897

    Fax: (313) 309-6897

    Email: sbagne@clarkhill.com

    Website: Clark Hill Property Owner Condemnation Services


    Stephon B. Bagne’s expertise in representing property owners in condemnation cases is widely recognized. Stephon has represented all types of property owners in a variety of situations including vacant and improved property, partial and total takings, easement and fee acquisitions, involving commercial and residential properties. Stephon has successfully challenged the necessity of takings and negotiated less onerous acquisitions in partial taking matters. He regularly speaks and writes about eminent domain and other real estate law issues for a variety of professional organizations.






    ITC Active in Taylor and Brownstown Township

     ITC is making good faith offers to expand their vegetation management rights for existing transmission lines in Taylor and Brownstown Township


    International Transmission Company (“ITC”) is actively issuing good faith offers to property owners in Taylor and Brownstown Township.  While ITC has been active in contacting property owners about voluntary acquisitions for years, the good faith offers signal ITC intent to file eminent domain lawsuits to condemn those rights soon.  This will be the second phase of lawsuits along these lines.  I am in the process of concluding the last of approximately 25 cases in which I represented owners in Brownstown.  All of those cases settled, however, I am prohibited from revealing the results of those settlements by confidentiality provisions in those easements.


    I am just beginning the process of reviewing appraisals commissioned by ITC to establish the amount of just compensation being offered to the property owners and assembling a group of clients to represent in those proceedings.  Please contact me if you have received a good faith offer.  From a practical perspective, these type of vegetative management case is best handled when a group of property owners retain the same attorney. 


    Court of Appeals Upholds Victory in Gardner Airport Case

     The Michigan Court of Appeals upheld my jury verdict awarding a total taking in an airport case, resulting in a $590,000 award after a $25,000 good faith offer.


    I have blogged extensively about issues arising in airport cases filed by Lenawee County.  In those cases, the County acquired an avigation easement allowing aircraft to fly a few feet over existing houses and placing those houses in a Runway Protection Zone.  The FAA deems residential occupancy incompatible with an RPZ.  A Lenawee County jury agreed that the imposition of the easement destroyed the practical value or utility of the home and awarded everything that we requested.  The Court of Appeals recently upheld that verdict.


    To read a prior blog post describing the impact of houses in the RPZ, click here.  http://michigancondemnationblog.com/home/2013/7/12/runway-protection-zones-destroy-the-value-of-residential-pro.html  


    For a prior blog post describing the published opinion in a companion case, click here.  http://michigancondemnationblog.com/home/2013/7/5/michigan-court-of-appeals-upholds-my-trial-victory-in-an-air.html


    To read a blog post discussing the impact of low flights over properties, click here.  http://michigancondemnationblog.com/home/2013/8/2/low-overflights-by-aircraft-may-require-airports-to-pay-just.html


    If you are confronted with a request to grant an easement by an airport, please call me.  My experiences with Lenawee County demonstrate that airports frequently understate the impact of their proposed easements upon the properties.


    Article Published in Right of Way Magazine

    I publishing an article in the May/June edition of Right of Way Magazine titled Broad Rights of an Avigation Easement.

    Click to read more ...



     ITC appraisers are contacting property owners in Taylor, demonstrating that good faith offer and lawsuits will soon follow.

    Click to read more ...



    ITC, through its subsidiary, Michigan Electric Transmission Company, LLC ("METC"), has submitted good faith offers as a prerequisite to filing condemnation lawsuits in the Oshtemo Weeds Lake project.

    Click to read more ...