Dedicated to Protecting Private Property Rights
METC Oneida and Helix Project Minor Modification Requests
The Michigan Public Service Commission (“MPSC”) has issued a certificate for Michigan Electric Transmission Line Company’s (“METC”) Oneida Substation to Nelson Road Substation and Helix to Hiple Projects. It contains interesting language discussing “minor modifications” to the route.
$4,000,000 Increase is Made Possible by Defeating City’s Motion Asserting Failure to Exhaust Administrative Remedies
While this webpage focuses primarily on my work in my home state of Michigan, I also work with co-counsel in other states. A case in another state (that I’m not identifying to protect the client’s privacy) involved an offer of $51,537 to obtain approximately one acre from a forty acre property for a road project just entered a final order. The property was used for residential and agricultural purposes.
The MPSC Has Approved the Oneida to Nelson and Helix to Hiple Project: What Comes Next?
The Michigan Public Service Commission (“MPSC”) has issued a certificate for Michigan Electric Transmission Line Company’s (“METC”) Oneida Substation to Nelson Road Substation and Helix to Hiple Projects.
Michigan Law Recognizes that Even Temporary Takings of Property Rights Are Compensable
A recent matter in another state that resulted in a $4,000,000 settlement above the $51,537 originally offered included a temporary taking claim. In that case, the project was announced in 2006, the owner learned shortly thereafter that his access would be curtailed significantly, commercial users interested in developing his property moved to a different property on the same intersection due to the access restrictions, and his access was physically reduced years before a formal takings lawsuit was filed due to interim construction activities.
Proposed Legislation Would Allow Challenges to Utility Routes Approved by the MPSC
Private entities like International Transmission Company working through its Michigan entities ITC and METC, Consumers Power, and other utility companies enjoy the power of eminent domain. Under the current standard contained in the Uniform Condemnation Procedures Act (“UCPA”), courts enjoy broad power to review the propriety of eminent domain takings initiated by private agencies unless the project obtained regulatory approval.
Threat of Eminent Domain to Seize New Jersey Church Seeking Zoning Approval for a Homeless Shelter Generates Controversy
The City of Tom’s River, New Jersey is embroiled in controversy. A church is in the process of obtaining zoning approval to build a homeless shelter. While that was underway, the City passed an ordinance authorizing the use of eminent domain to acquire the church and its 11 acres of property to build a park. If a Michigan city attempted this maneuver, would it be legal? Maybe, maybe not.
Troy Seeking Right of Way on East Side of Rochester Road
The City of Troy is widening Rochester Road, north of Long Lake. I am already representing a property owner impacted by this project. Now, Troy is seeking right of way from property owners on the west side of the road by issuing good faith offers.
MISO Approves New Tranche of Electrical Transmission Lines in Michigan
Massive electrical transmission line projects have received a preliminary approval by the Midcontinent Independent System Operator (MISO), which operates the electric transmission system or “grid” in portions of 15 states in the Midwest and the South, plus the Canadian province of Manitoba.
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.
Grade Change and Zoning Impacts in Partial Takings (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.
Civil Engineering Experts (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.
Scope of the Project Rule (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.
Cost to Cure Damages in Partial Takings (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.
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.