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Stephon B. Bagne

Member, Clark Hill PLC

Phone: (313) 965-8897

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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.

 

 

 

 

Main | Yet Another ET Rover Pipeline Accident »
Tuesday
Jan302018

Oakland County Road Commission Filing New Condemnations

As part of its efforts to widen Baldwin Road, the Road Commission is filing new condemnation lawsuits.

The Board of County Road Commissioners of Oakland County is undertaking a project to widen Baldwin Road in Orion Township and add round-a-bouts. In order to implement that project, the Road Commission has been filing new condemnation lawsuits in Oakland County Circuit Court to obtain the additional right of way.

These cases can be tricky. The Road Commission will likely characterize the takings as minor acquisitions of road frontage. In some instances, that might be the case. However, the acquisition of this road frontage can have more serious consequences. For example, will there be grading changes? Will access be limited? Will the reduction of the frontage cause existing improvements to become non-conforming with zoning requirements due to the reduction of setbacks, loss of parking spots, or loss of required landscaping? If so, the impact of that taking may not be felt until it is time to expand or redevelop the property. Will existing businesses incur costs to avoid business interruption? Simply put, these issues require an in-depth analysis with knowledge of the use of the property, which generally does not happen when agency appraisers undertake formulaic, cookie-cutter appraisals. 

I have handled many road expansion cases involving a wide variety of properties. If you have been named in a lawsuit or received a good faith offer, please feel free to contact me to discuss the impacts of the taking on your property and whether the just compensation offered is sufficient.

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