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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.





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Movement on Controversial Line 5 Pipeline

Enbridge agrees to replace a portion of the line and the State is evaluating additional remedies.

The Enbridge Line 5 pipeline under the Straits of Mackinac has engendered a great deal of controversy. For example, this blog post details earlier efforts to close the line due to the fear that it could rupture due to its age, causing a tremendous impact upon the Great Lakes.

This article details an agreement reached between Enbridge and Governor Snyder. Enbridge was likely spurred to act by reports that it was aware of missing protective enamel coatings since 2014 but did not disclose those issues until this October, which feeds into the criticisms leveled against the company.

Under the new agreement, Enbridge will be closing and replacing a section of pipe under the St. Clair River. Additionally, there will be closures during extreme weather and new safety technology evaluated. Enbridge must also evaluate alternatives for replacing the pipeline, including “a new pipeline within a tunnel under the straits, a new pipeline underneath the lake bed or creating a trench with a ‘containment structure.’”  However, as ET Rover demonstrated, even new construction can come with risks.

These type of stories are relevant to my condemnation practice because to the extent that publicity about the dangers of pipelines increase, the future willingness of people to live in their vicinity will decrease. This must be factored when valuing pipeline easements. 

If you have been confronted by any eminent domain issues, please do not hesitate to contact me.

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