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.