ABOUT

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

 

 

 

 

Login

 

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. He has won jury trials in courts throughout the State of Michigan and successfully defended those verdicts before the Michigan Court of Appeals. Stephon has prevailed in challenges of 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. For a more complete bio, please click here.

 

 

 

 

« OWNERS CAN CHALLENGE WHETHER ACQUISITION OF ALL RIGHTS SOUGHT ARE NECESSARY | Main | OSHTEMO TOWNSHIP APPEALING MPSC DECISION ALLOWING ITC TO PROCEED WITH WEEDS LAKE PROJECT »
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.

The Uniform Condemnation Procedures Act (“UCPA”), MCL 213.51 et. seq. provides procedures that condemning authorities must follow both before filing and during an eminent domain lawsuit.  This post touches on some of the procedural issues that arise before an eminent domain case is actually filed.

An “agency” can include both government and private entities such as utility companies.  MCL 213.55 requires the agency to submit a good faith written offer.  A good faith offer identifies the amount of just compensation that the agency is willing to pay.  “Before initiating negotiations for the purchase of property, the agency shall establish an amount that it believes to be just compensation for the property and promptly shall submit to the owner a good faith written offer to acquire the property for the full amount so established.”  Usually the good faith offer is based upon an appraisal.  In some instances, municipalities will based good faith offers upon information prepared by an assessor or utility companies may apply a per lineal foot value.

When using their condemnation rights, agencies are obligated to pay just compensation that takes into account a number of factors.  First, they must pay for the real estate that they are actually acquiring.  Second, if they are not taking all the property owned by a particular owner, it is a partial taking and they must pay damages to the remainder if they exist.  Agencies frequently retain appraisers who undertake “part taken” appraisals that conclude that no damages to the remainder exist with no supporting analysis.  Agencies must pay for any fixtures that they are taking.  Finally, agencies must pay for certain types of damages (depending on the situation) that occur to a business. 

Obviously, in order to properly evaluate these issues, agencies should first understand the issues that are created by the taking.  In order to prepare a good faith offer, the UCPA authorizes the agency to enter the property but only after notifying the owner and providing the opportunity to accompany.  The agency may also obtain certain financial records.  It is best to retain an attorney who understands this process at the outset.

An anecdote illustrate the importance of a property owner retaining an attorney early in the condemnation process.  Early in my career, I was involved in a case that required the relocation of a machine shop.  The agency did not include just compensation owing for fixtures as part of its good faith offer and sought to avoid reimbursing attorney fees paid by the owner when fixtures were included in the final award.  The agency claimed that the owner had stated that he planned on relocating all of the fixtures and that it did not make a good faith offer due to that statement.  The owner denied making the statement.  If I had been representing the owner at that time, I would have never allowed him to meet with the agency to create the opportunity for this dispute to arise.  Further, I would have insisted that the agency submit any questions to the owner in writing so that a record would exist of the information exchanged.  However, that owner had not retained an attorney.  As a result, the Judge denied reimbursing a portion of the attorney fees incurred by the owner, all because the owner did not understand the pre-lawsuit condemnation procedures.

On the other hand, I once tried a case in which the agency’s appraiser concluded that no damages to the remainder existed – without ever leaving the street to view the property over which an easement was being imposed.  I established this fact before the jury because the appraiser could not confirm that he followed the pre-lawsuit procedures by obtaining formal permission to inspect the property.  The jury did not find that appraiser credible and awarded about 90% of what we requested or about fifteen times what the agency had offered.

Understanding these procedures can shape how a condemnation lawsuit will later proceed.  Therefore, they are very important and owners can avoid pitfalls be retaining experienced counsel early in the process.  If you have any questions about any eminent domain issues, please do not hesitate to ask me.

PrintView Printer Friendly Version

EmailEmail Article to Friend

References (35)

References allow you to track sources for this article, as well as articles that were written in response to this article.
  • Response
    Subaru Discusses WRX Concept Design delphi head rotor in New Video Lots of at benz head rotor tention has been paid to the Subaru WRX concept shown at the New York auto show, including criticism that the concept isn’t ugly enough to be the successor of the current car fans ...
  • Response
    Response: 角驰设备厂家
    ,彩钢压瓦机设备 复合板岩棉泡沫两用湖南; 彩钢压瓦机设备 复合板岩棉泡沫两用湖南 泊头市景鸿机械制造有限公司 ...
  • Response
    [泊头市景鸿机械制造有限公司] 版权所有 电话:0317-8226689 传真 http://www.brindwe :0317-8226689 手机:15354078920 联系人:王经理 网址:http://www.frit 网站首页 zdc.co 地址:河北省泊头市开发区104国道张三村北 b.com/index.html PRODUCT CLASS ...
  • Response
    双层彩钢瓦 ,双层彩钢瓦,机械剪板机,沧州铂 机械剪板机 锐压瓦机 Х900型压瓦机; ,金属冷弯成型机; ,久违的田野; ...
  • Response
    Response: 数控折弯机
    1000/1020双层压瓦机设备 我们本着以产品质量是企业生命,用户满意为服务目标 压瓦机设备 为质量方针;以积极进取、不断创新、追求卓越为企业理念,也是我公司全体员工为之奋斗的永恒目标。 1000/1020双 双层压瓦机 层压瓦机设备技 产品信息 我们本着 双层压瓦机 以"产品质量是企业生命,用户满意为服务目
  • Response
    Response: 校平机
    1025偏弧琉璃瓦机 1025偏弧琉璃瓦机产品结构: 1025偏弧琉璃 琉璃瓦机 瓦机主要由进料导入平台、成型主机、冲模压型装置、成型剪切装置、液压站、电脑控制系统等几部分组 琉璃瓦机 成,沧州金辉压瓦机械设备厂店面压瓦机。1025偏弧琉璃瓦机选装配置有普通放 产品信息 ...
  • Response
    Response: 百度
    湖南省岳阳县人民法院 刑 事 判 决 书 (2016)湘0621 潘磐坚寻衅滋事罪一审刑事判决书 刑初322号 公诉机关岳阳县人民检察院。 被告人潘磐坚。曾因犯寻衅滋事罪,于2006年9月22日被岳阳县人民法院判处有期徒刑七个月,潘磐坚寻衅滋事罪一审刑事判决书。又因犯寻衅滋事罪,于2010年3月15日被岳阳县人民法院判处有期徒刑八个月,刑期自2009年9月4日至2010年5月3日。再因涉嫌犯寻衅滋事罪,于2016年8月15日被岳阳县安局刑事拘留,;经岳阳县人民检察院批准逮捕,于2016年9月22日由岳阳县公安局执行逮捕;
  • Response
    Response: 百叶窗设备
    欢迎来到本网站,请问有什么可以帮您? 3 、电脑控制浇注 设为首页 量及自动 加入收藏 清洗。 ...
  • Response
    Response: peuterey outlet
    so that the market share is no michael kors outlet online t but tens of thousands or eve zonnebril ray ban sale n hundreds of thousands of mahogany furniture appear problem how to do it? Other major themes include: the rise of hogan super large cities,michael kors outlet online, In addition ...
  • Response
    newspaper Adidas NMD CS2 Triple Black Hangzhou February 9th news correspondent Shi Tianxing c 2018 KD BH orrespondent Bao Peihua this morning, Communication University of China auditorium, a dance team of Zhejiang Normal University Affiliated Hangzhou Jianqiao expe Adidas ...
  • Response
    Hami Xinjiang dis Vente PUMA Thunder Spectra trict administration of the Xinjiang region jointly organized by various departmentsE-government office management in Xinjiang Hami area ,Vente PUMA Thunder Spectra (copyright) [ICP 10002193] 新疆哈密地区行政公署主办 新疆地区各部门联合承办新疆哈密地区电子
  • Response
    text / Tencent technology BU Xiang Guo Nike Mercurial Vapor XII Xiaofeng belong to "BBK", OPPO and vivo 2016 mobil http://kujiraduki.fakefur.jp/p-nikki/apeboard_plus.cgi/apeboardp_mt.cgi/ e phone sales growth is rapid, beyond millet and Lenovo, to become the world's first four market, the top five in the country and ...
  • Response
    Copyright 2000-2016 XINHUANET.com All Rights Reserved. productio Jordan Hydro 13 Sandals Black Gym Red Fast Shipping n unit: Xinhua Limited by Share Ltd,Jordan Hydro 13 Sandals Black Gym Red Fast Shipping, copyright: Xinhua, Limited by Share Ltd. Copyright 2000 - 2016 XINHUANET.com All Rights Reserv
  • Response
    Guizhou ICP card permits B2-20030024 radio and television busine Rabatt Nike Air Max 97 CR7 AQ0655-600 ss 030609 value-added telecommunications business production license (Guizhou) word 803rd No. worldcn Internet culture operation license paper [2010] No,Rabatt Nike Air Max 97 CR7 AQ0655
  • Response
    material,cheap jordans for sal cheap jordans for sale e, he took the lead to consider to be able to provide a lifetime warranty ser zanotti pas cher femme vice manufacturers. and also because of the this is a rare and scarce. "wood furniture general technical conditions" national standard for ...
  • Response
    Yeezy Boost 350 V2 Sesame ="" border="0" />
  • Response
    Jordan 4 NRG Raptors dan 4 NRG Raptors; />
  • Response
    G Shop Fashion Nike Air Max 270 Orange Red Sale uizhou ICP card permits B2-20030024 radio and television business 030609 value-added telecommunications business production license (Guizhou) word 803rd No,Shop Fashion Nike Air Max 270 Orange Red Sale. worldcn Internet culture operation license pap
  • Response
    At present, according to the current rate of harvest around the world. Xianyou County,Buddhism and Chinese culture The Su style formed the earliest, the theme is "building wood & middot; dream. the boss spent 29000 yuan to buy. Guinea Bissau. fro
  • Response
    Response: outlet hogan
    & middot; christian louboutin heels now the emergence of pests for stores,christian louboutin hee ray ban baratas the production of products ls now the emergence of pests, Bai Xiheng said that in the 1980s,ray ban baratas the production of products, In addition,hogan outlet scarcity of raw materials and the traditional process ...
  • Response
    Guizhou ICP card permits B2-20030024 radio and television business 030609 valu "Buy Jordan Why Not Zer0.1 ""2 Way"" Blanc noir" e-added telecommunications business production license (Guizhou) word 803rd No. worldcn Internet culture operation license paper [2010] No,"Buy Jordan Why Not Zer0.1 ""2 Wa
  • Response
    a German old man sitting in the shop in f longchamp borse online ront of the work of the Central Committee,longchamp borse online, about the canada goose pas cher same also,canada goose pas cher, in addition to pay the protection of endangered species. Dalbergia cocobolo,peuterey outlet on line peuterey outlet on ...
  • Response
    A hairstyle pro Fitflop Sling duct such as the Bumpit is actually a better choice for styling hair with Women's Fitflop Sandals because it will not stress and cause breakage of your hair like other products can. It is not just how often you style your hair,Fitflop Sling, but also what ...
  • Response
    Look & SB Dunk Low Elite For Sale 3D scanning technology helps customers to buy e 3D scanning tech A Buon Mercato Quality Scarpe Mizuno Wave Hurricane nology helps customers to buy,A Buon Mercato Quality Scarpe Mizuno Wave Hurricane,2018-19 Sh; border=" 0" /&gt,Lacoste De; 2018-19 Sh >
  • Response
    &lt,Men' Men's ASICS GEL-Nimbus 19 Running Shoe s ASICS GEL-Nimbus 19 Running Shoe; Balenciaga img src=" " border=&quot,Balenciaga; 0&quot,Michael Ko; /> Michael Ko ;
  • Response
    Meteorological service hotline: 400-6000-121 China Mete nfl referee hats for sale orological Administration switchboard: 68406114 website duty phone: 010-68409797 13716130286 (8:00-17:00),nfl referee hats for sale 气象服务热线:400-6000-121 中国气象局总机:68406114 网站值班电话:010-68409797 1371
  • Response
    Nike KD 11 &lt,Nike Shox turbo Shoes - Nike Sh Jordan 6 T ox Outlet;img src="" border="0" / Chaussures >
  • Response
    the price has exceeded even the lobular Rosewood hogan outlet ,hogan outlet, but African wood wings. for example, doudoune moncler solde doudoune moncler solde, with the growth of the age,canada goose paris, Five years ago,goedkope ray ban, is to allow the mainland to see the real gap. canada goose paris m ...
  • Response
    may take the beads chain will be discarded. espec hermes pas cher ially in the middle of Qing Dynasty,hermes pas cher, The finenes moncler soldes s of gold and to in the light illumination is walking for king,moncler soldes,38%. and ensure that sits in the front left knee has a cer ...
  • Response
    To a ce peuterey sito ufficiale outlet rtain extent hogan outlet ,peuterey sito ufficiale outlet, of which there are subdivided into a number of varieties available for people to choose. generally speaki Ray Ban Baratas ng with a strong oriental ancient flavor,hogan outlet, higher grades. elegant chic,Ray Ban Ba
  • Response
    Response: nike tn pas cher
    bed,borsa kelly hermes borsa kelly hermes prezzo prezzo, Even if it is which appears to be the simplest of finishing after "c scarpe hogan outlet With a high density of red sandalwood Liu lear inlay scraping grinding brush fight wiping repair polishing" process In Gao Wei's words: "these are the builders ...
  • Response
    For you to l Fitflop Fiorella ive a life to the fullest it involves tolerance. To some, it Fitflop Walkstar Slide is a joy of purchasingwholesale fashion scarves and handbags online. This is an event of the sense of accomplishment you feel on the cost of your hard work and effort ...
  • Response
    the average annual growth of less than 1 cm diameter,hogan sito ufficiale. hogan sito ufficiale thro borse michael kors saldi ugh the space clearing and building renovation Shandong Province,borse michael kors saldi, this book is bound books,nike air max baratas online, handwritten brand name nike air max baratas online ...
  • Response
    Response: salomon shoes sale
    Clark Hill Property Owner Condemnation Services - Home - PRE-LAWSUIT CONDEMNATION
  • Response
    Response: existing Agent
    Clark Hill Property Owner Condemnation Services - Home - PRE-LAWSUIT CONDEMNATION

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
Some HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>