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Stephon B. Bagne

Member, Clark Hill PLC

Phone: (313) 965-8897

Fax: (313) 309-6897

Email: sbagne@clarkhill.com

 

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.

 

 

 

 

« Waisanen Decision Expands Owners Rights to Assert Adverse Possession or Acquiescence Claims Against the Government. | Main | ITC Serving Lawsuits in Taylor and Brownstown »
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.  

Karegnondi Water Authority ("KWA")  is a municipal corporation responsible for distributing water services in the Mid-Michigan and Thumb areas.  In order to draw water into the pipeline system, KWA must construct a pumping station.  In order to operate the pumping station, ITC must increase electrical power capacity.  ITC is currently threatening property owners in Lapeer County with eminent domain in order to acquire easement rights to facilitate the construction of that line.  

One example provided by an owner who contacted me demonstrates that ITC's initial offer is an attempt to low-ball the owner into accepting far less than just compensation.  This is a photograph of one home that will be impacted. 

This owner has been offered only $2,500 to grant an easement that will allow ITC to construct gigantic metal towers in front of the house and cut down all of the mature trees that were intentionally planted to shield the home from the street.  The value of this home will be devastated by the taking, which will prohibit planting any trees in the front yard, force the homeowner to look at unsightly towers and eliminate all privacy to the front of the home. 

It is critical to retain an attorney when confronted with a request to acquire an easement both in terms of potentially minimizing the legal rights being acquired while maximizing the compensation.  To read an earlier blog post discussing the need to carefully scrutinize the rights being acquired, click here

This post describes another instance of ITC acquiring broad property rights from owners that were unsophisticated enough to voluntarily grant them, where ITC did not seek to involuntarily impose those rights for fear of paying the compensation that would be required. 

Please contact me to discuss your matter if ITC has threatened you with condemnation to support the KWA project.

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