MDOT has issued initiated the process of retaining right of way acquisition companies to implement condemnations for the new International Bridge project.
Michigan Court of Appeals Issues Opinion for Publication Allowing a Tenant to Appeal Property Tax Assessment for a Shopping Center
Michigan Court of Appeals Issues Opinion for Publication Allowing a Tenant to Appeal Property Tax Assessment for a Shopping Center.
Waisanen Decision Expands Owners Rights to Assert Adverse Possession or Acquiescence Claims Against the Government.
A recent published opinion could greatly affect the ability of Michigan municipal corporations to protect their property ownership interests from claims for adverse possession or acquiescence brought by private parties. While this case does not specifically address eminent domain issues, it is relevant. Adverse possession and acquiescence claims can in an eminent domain suit if owners assert that they enjoy rights in property titled in the government and make damage claims for the loss of those rights.
ITC Condemning Rights to Expand Transmission Lines to Service Karegnondi Water Authority Pumping Station
International Transmission Company ("ITC") has initiated eminent domain proceedings to acquire property rights in Lapeer County to supply power required to service a Karegnondi Water Authority pumping station.
International Transmission Company (“ITC”) is actively serving lawsuits in Taylor and Brownstown that employ eminent domain to expand the right to remove vegetation, among other things, surrounding pre-existing transmission lines.
I co-authored an article entitled An Introduction to Eminent Domain for the SRR Journal, which is published by Stout Risius Ross, a Global Financial Services Firm. To read the article, click here.
ITC is making good faith offers to expand their vegetation management rights for existing transmission lines in Taylor and Brownstown Township.
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 published an article in the May/June edition of Right of Way Magazine titled Broad Rights of an Avigation Easement. The article focuses upon the requirement that condemning authorities pay just compensation based upon the assumption that all rights involuntarily acquired from property owners will be used to the fullest extent of the law in the context of my trial and appellate experiences dealing with airport easements.
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.
Utility companies interpret generic language allowing them to “destroy” or “control” vegetation to include the use of herbicides on private property. However, neither the easements nor Michigan Law require the utility companies to provide actual notice to property owners about the use of herbicides.
Underlying fee property owners and not the United States are entitled to the fee simple interest in an abandoned railroad easement.
TRIAL COURT EXCLUDES EVIDENCE THAT ITC WOULD NOT USE ACQUIRED RIGHTS TO FULLEST EXTENT ALLOWED BY LAW
In a partial taking case, Michigan law requires just compensation to be awarded based upon the assumption that the agency will use its newly acquired rights to the fullest extent allowed by law. A recent trial court ruling excluded evidence that ITC sought to admit based upon this principal.
The Michigan Supreme Court refused to review a published opinion issued by the Michigan Court of Appeals upholding a successful verdict and the requirement that the County pay significant interest on the judgment.
ITC PROCEEDING WITH PRELIMINARY ACQUISITION EFFORTS DESPITE OSHTEMO TOWNSHIP APPEALING MPSC DECISION IN WEEDS LAKE PROJECT
Despite Oshtemo Township appeal an MPSC ruling favorable to International Transmission Company (“ITC”), ITC is undertaking preliminary steps to initiate condemnations.
Just compensation is owed for the impact on the entire large parcel, not merely the particularly described property from which a taking occurs.
Even if an agency seeks to acquire property rights to facilitate a project that is unquestionably a public use, property owners may challenge whether it is necessary for the agency to acquire all the rights it seeks.
Before filing an eminent domain lawsuit, an agency must submit a good faith offer identifying both the rights they seek to acquire and the just compensation being offered. Since agencies are entitled to gather information to support a good faith offer, it is best to retain counsel as soon as possible.
Oshtemo Township has announced its intention to appeal an MPSC ruling favorable to International Transmission Company (“ITC”), delaying condemnations.