ABOUT

Clark Hill PLC is an entrepreneurial full-service law firm serving clients in all areas of  real estate, business legal services, litigation, and personal legal services. For more information on Clark Hill's practice areas, professionals, and office locations, please visit clarkhill.com

 

 

 

 

Login

 

CONTACT

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.

 

 

 

 

« EGLE Announces Awards for Infrastructure Improvement Projects | Main | Oakland County Road Commission Initiates Dequindre Road Takings »
Wednesday
Aug282019

Dequindre North of Utica to North of Auburn Road Widening Announced

The Road Commission for Oakland County’s 2020 Budget includes widening Dequindre Road immediately south of the project for which they are acquiring right-of-way currently.

The Road Commission for Oakland County just released its 2020 budget. That budget includes funds to widen Dequindre Road to five lanes from north of Utica Road (which is already five lanes) to the north of Auburn Road and Dequindre Road intersection. The properties subject to acquisition includes residential homes facing Dequindre and some businesses. 

Michigan law recognizes that property owners conveying property rights for a project like this are entitled to be paid just compensation. Just compensation includes payment for the property acquired and payment for damages to the remainder.

For the residential homes, damages to the remainder may take into account a wide variety of negative impacts, such as the creation of a zoning non-conformity if the house is now too close to the road to meet the City’s front yard setback rules, loss of vegetation that screens the house from traffic, difficulties in being able to exit the property, and reduced aesthetics.

For the businesses, damages to the remainder may take into account zoning non-conformities relating to setbacks or reduced parking spots, the practical impacts of reduced lost parking spots, and restricted access. Further, if a business was forced to setback farther from the road in anticipation of this road project, that extra setback may be able to be disregarded when determining the value of the property.

I am currently representing property owners north of this project who are experiencing many of these issues. Frankly, I am shocked by the number of property owners who do not appear to have retained counsel on the other Dequindre Road project and who decided to forego the opportunity to collect potentially significant damages to the remainder. In one of my cases, the Road Commission increased their offer by about 725% due to damages to the remainder.  Property owners appear to be in the same situation but did not retain counsel.

The Road Commission will likely be seeking right-of-way from these property owners soon. If you are impacted by this taking, please do not hesitate to contact me.

PrintView Printer Friendly Version

EmailEmail Article to Friend

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
Some HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>