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.