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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.

 

 

 

 

« Oakland County Road Commission Initiates Dequindre Road Takings | Main | Owner’s Guide to Understanding Supervariances »
Tuesday
Aug272019

City of Niles Moving Forward With Avigation Acquisitions

Niles and the MDOT Bureau of Aeronautics are taking the next steps in acquiring avigation easements from property owners surrounding the Niles Airport. 

I am currently representing a group of property owners who are facing the acquisition of avigation easements over their homes. One case, involving the acquisition of an avigation easement over farmland, has already been successfully concluded. The City paid substantially more just compensation than was originally offered. The City also reimbursed all of the property owner’s attorney fees. Finally, we reaching substantive agreements that benefit the property owner such as explicit confirmation about what crops can still be planted in the encumbered area and how the area will be restored after trees are removed.

At this point, the City is having appraisal reports that will form the basis of good faith offers prepared. Given that good-faith offers have not been provided yet, it is too early to evaluate whether these matters will require the filing of an eminent domain lawsuits.

The property owners all chose to retain legal counsel early in the process, which could be very advantageous. It allows me to advise them about all of the preliminary, logistical issues involved. It also prevents them from being impacted by inaccurate information supplied by the condemning authority. For example, this blog post describes very significant inaccuracies in a brochure that the Michigan Department of Transportation Bureau of Aeronautics distributes to property owners.

If an airport or any other condemning authority is seeking property rights from you, please feel free to contact me.

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