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.