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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

 

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    CONTACT

    Stephon B. Bagne

    Member, 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.

     

     

     

     

    Thursday
    Nov132014

    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.

    Click to read more ...

    Monday
    Oct272014

    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.

    Click to read more ...

    Thursday
    Oct232014

    ITC Serving Lawsuits in Taylor and Brownstown

    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.

    Click to read more ...

    Thursday
    Oct232014

    An Introduction to Eminent Domain

     

    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.

     

    Tuesday
    Sep232014

    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.

    Click to read more ...

    Saturday
    Sep132014

    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.

    Click to read more ...

    Thursday
    May152014

    Article Published in Right of Way Magazine

    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.

    Click to read more ...

    Monday
    Apr282014

    ITC ACTIVE IN TAYLOR

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

    Click to read more ...

    Monday
    Apr282014

    ITC SERVING GOOD FAITH OFFERS IN OSHTEMO WEEDS LAKE PROJECT CASES

    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 ...

    Monday
    Mar242014

    BEWARE OF THE SECRET USE OF HERBICIDES IN UTILITY CORRIDORS

    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.

    Click to read more ...

    Friday
    Mar142014

    United States Supreme Court Addresses Abandonment of Railroad Easements

    Underlying fee property owners and not the United States are entitled to the fee simple interest in an abandoned railroad easement.

    Click to read more ...

    Wednesday
    Mar122014

    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.

    Click to read more ...

    Wednesday
    Dec112013

    VICTORY IN LENAWEE COUNTY AIRPORT CASE

    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.

    Click to read more ...

    Friday
    Nov012013

    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.

    Click to read more ...

    Tuesday
    Oct152013

    JUST COMPENSATION REQUIRES ANALYZING THE IMPACT OF THE TAKING OF ENTIRE GROUPS OF PROPERTIES

    Just compensation is owed for the impact on the entire large parcel, not merely the particularly described property from which a taking occurs.

    Click to read more ...

    Saturday
    Sep282013

    OWNERS CAN CHALLENGE WHETHER ACQUISITION OF ALL RIGHTS SOUGHT ARE NECESSARY

    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.

    Click to read more ...

    Thursday
    Sep052013

    PRE-LAWSUIT CONDEMNATION ISSUES

    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.

    Click to read more ...

    Friday
    Aug162013

    OSHTEMO TOWNSHIP APPEALING MPSC DECISION ALLOWING ITC TO PROCEED WITH WEEDS LAKE PROJECT

    Oshtemo Township has announced its intention to appeal an MPSC ruling favorable to International Transmission Company (“ITC”), delaying condemnations.

    Click to read more ...

    Monday
    Aug052013

    MICHIGAN PUBLIC SERVICES COMMISSION APPROVES ITC WEEDS LAKE PROJECT; CONDEMNATION MAY FOLLOW

    International Transmission Company ("ITC") overturned an Administrative Law Judge's opinion, taking a step forward to allowing ITC to condemn necessary along a seven mile route in Oshtemo Township, Kalamazoo County.

    Click to read more ...

    Friday
    Aug022013

    LOW OVERFLIGHTS BY AIRCRAFT MAY REQUIRE AIRPORTS TO PAY JUST COMPENSATION

    The Wisconsin Supreme Court, relying on United States Supreme Court rulings that apply in all states, recognized that low, frequent flights over property may be compensable even if they do not deprive the owner of substantially all beneficial use of the property.  This applies even when pilots deviate from established flight paths.

    Click to read more ...