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








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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ITC’s Expanded Coldwater Project Implicates Special Just Compensation Issues for Farmers

ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers.

This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural properties not shown in their earlier plans.

Takings for easements of this nature can have multiple impacts on agricultural properties. First, the highest and best use of the property should be evaluated. Does the potential for a more intense use exist and how would an easement impact that type of development? Second, if the highest and best use remains to farm, what impact will construction or future maintenance of the transmission facilities have on drain tiles? Third, will there be impacts to the ability to continue farming the property such as restrictions on irrigation or loss of efficiencies in servicing the property? Fourth, will the taking impact additional properties to the extent that farming patterns or tiling will be impacted?

All of these specific issues must be taken into account when dealing with agricultural properties.

This post provides a more general description of the issues that all property owners face when confronted by an ITC taking.

If you have been contacted by ITC about this or any other project, please do not hesitate to contact me. I have handled a diverse number of ITC takings throughout the state and involving very different types of property.

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