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 Moving North Along Macomb Orchard Trail

ITC seeking more new vegetation management easements in Washington Township.

I am currently representing 25 property owners in the Breckenridge Subdivision, houses on Yorkshire and Berkshire in Washington Township. These houses back to the Macomb Orchard Trail. I previously represented owners further south on the Trail. 

ITC is now sending a right of way acquisition company, NSI, to make offers to property owners to the north of the Breckenridge Subdivision along the Trail. There is absolutely no reason for property owners to deal with NSI. For example, in the Breckenridge Subdivision, NSI asked owners (who often referred to the tactics as involving high pressure) into to sign easements for payments of around $1,000. When ITC had the properties appraised, ITC’s offers were up to $29,000 with about half over $20,000 and most of the rest over $10,000. Some were as low as $500 dollars if the easement barely ticked the properties but virtually everyone was offered many times what NSI had offered. We are now seeking more money above those offers. 

Right of way agents like NSI try to pick the low hanging fruit. But it is ITC’s appraisal and not an offer from NSI that is the starting point for negotiations. 

There is absolutely no reason to communicate or negotiate with NSI. Property owners should await receipt of a good faith offer and are best served by hiring counsel at this point in the process. 

This post describes general issues that property owners should review when addressing an ITC taking.

If you have been contacted by NSI, ITC, or are otherwise dealing with a condemnation issue, please feel free to contact me.

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