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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.

 

 

 

 

« ITC Active in Taylor and Brownstown Township | Main | Article Published in Right of Way Magazine »
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.

I have blogged extensively about issues arising in airport cases filed by Lenawee County.  In those cases, the County acquired an avigation easement allowing aircraft to fly a few feet over existing houses and placing those houses in a Runway Protection Zone.  The FAA deems residential occupancy incompatible with an RPZ.  A Lenawee County jury agreed that the imposition of the easement destroyed the practical value or utility of the home and awarded everything that we requested.  The Court of Appeals recently upheld that verdict.

To read a prior blog post describing the impact of houses in the RPZ, click here.   

For a prior blog post describing the published opinion in a companion case, click here

To read a blog post discussing the impact of low flights over properties, click here

If you are confronted with a request to grant an easement by an airport, please call me.  My experiences with Lenawee County demonstrate that airports frequently understate the impact of their proposed easements upon the properties.

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