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Stephon B. Bagne

Member, Clark Hill PLC

Phone: (313) 965-8897

Fax: (313) 309-6897

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.

 

 

 

 

« Beware the Eminent Domain Bait and Switch | Main | Another Pipeline Explosion »
Tuesday
Nov132018

ITC Issuing GFOs in Ann Arbor Area

ITC has issued good faith offers to acquire new capital project rights for properties in the Ann Arbor area, including in Pittsfield Township.

ITC intends to construct a new capital line in the Ann Arbor area. I am currently representing clients in Pittsfield Township and the City of Ann Arbor. 

An agency must issue a good faith offer prior to filing suit. ITC first issued good faith offers in Pittsfield Township and then issued offers in Ann Arbor. I expect lawsuits to be filed imminently.

These takings impact primarily office or industrial areas. Therefore, the types of just compensation claims that must be evaluated are different than residential properties. As with all partial taking, the property rights being acquired must be evaluated based on the assumption that ITC will use its rights to the fullest extent allowed by law. This article discusses that concept, with a focus on some airport takings that I handled.

While ITC has made an effort to limit the easement’s scope, for example by confirming that only “one double circuit electric transmission line” can be built instead of an unlimited number of lines and indicating that the lines be “located as near as possible to” a line identified on the survey, there is nothing that precludes ITC from actually placing towers in improved portions of the properties. The acquisition of these rights is suspect from a necessity perspective and would create significant just compensation claims that ITC’s appraiser ignored.

If you have received a good faith offer from ITC, please contact me.

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