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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

 

 

 

 

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CONTACT

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.

 

 

 

 

Friday
Oct162015

OWNERS’ GUIDE TO UNDERSTANDING PIPELINE TAKINGS 

I am actively representing and am regularly contacted by owners confronted by pipeline takings.  Currently, there are multiple companies pursuing new pipelines in southeastern Michigan including Rover Pipeline, Nexus, DTE and Wolverine Pipe Line.  This post is an introduction to pipeline issues that links to other, longer posts addressing specific issues. 

Click to read more ...

Friday
Oct162015

Michigan Supreme Court Addresses Claims Involving Unlicensed Residential Builders

This entry, prepared by my colleagues Stuart M. Schwartz and Nicole S. Tersigni, has nothing to do with eminent domain but may be pertinent to homeowners reading this blog. It discusses the remedies available to homeowners who hired an unlicensed contractor and the defenses that the contractor can assert.

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Wednesday
Oct072015

Eminent Domain Addressed in Presidential Election

Current Republican frontrunner Donald Trump is criticized by other candidates for supporting the use of eminent domain. 

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Wednesday
Sep092015

FERC Issues Project Update for Nexus Gas Transmission Project

FERC document describes process by which property owners can provide input relating to environmental review process for the Nexus Gas Transmission Project (“Nexus”) plans to construct a new interstate natural gas project in Michigan and Ohio. 

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Thursday
Aug272015

ITC Making Good Faith Offers in Taylor

International Transmission Company (“ITC”) is making new good faith offers in Taylor for extended vegetation management rights. 

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Tuesday
Aug042015

DTE Trees Clearing Plans Criticized

In the wake of tree related power outages, DTE intends to cut trees more aggressively in Oakland County

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Monday
Jun292015

New Wolverine Pipeline

Wolverine Pipe Line Company filed an Application with the Michigan Public Service Commission to obtain permission to build a new pipeline in Wayne and Washtenaw Counties. 

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Thursday
Jun252015

United States Supreme Court Requires Payment of Just Compensation for Taking of Personal Property

SCOTUS held that an act regulating the commercial market for raisins in part by requiring farmers to deliver a portion of their crop to the government constitutes a taking requiring payment of just compensation, notwithstanding any interest that the farmer retains in the sale of those raisins or the benefits that the farmers receive through the regulation of the raisin market.  In doing so, the SCOTUS refused to recognize a distinction between the public’s interest in personal versus real property. SCOTUS also reasserted that physical appropriations of private property by the government are more readily proven to be takings than regulatory takings.

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Tuesday
Jun232015

Nexus Pipeline in Washtenaw, Lenawee and Monroe Counties Creating Concerns

Local media reports highlight concerns about yet another new natural gas pipeline.  

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Tuesday
Jun162015

The Market’s Recognition of the Danger of Natural Gas Pipelines Impacts Fair Market Value of Properties Encumbered by Pipelines

When determining market value, appraisers must assume that the purchaser has “knowledge of all of the uses and purposes to which it is adapted and for which it is capable of being use.”  The internet allows access to extensive information detailing natural gas pipeline explosions.  A buyer acting with “knowledge” would be presumed to be aware of these issues.  This impacts market value.

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Thursday
Jun112015

ITC’S NEW SPIN ON OLD SALAMI TACTICS

ITC has suggested that a property owner can avoid an immediate condemnation if ITC is allowed to remove certain trees.  However, ITC has not promised to avoid ever condemning.  ITC cannot avoid eventually condemning the property because it must expand upon the property rights it currently enjoys in order to comply with federal regulations.  If ITC removes the trees now, as a result of a voluntarily grant provided by the property owner, ITC will avoid paying significant just compensation for those trees when it eventually condemns. This is called a “salami tactic.”

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Monday
Jun012015

Wolverine Pipeline Seeks a Second Line in Pittsfield Township

Wolverine Pipeline Company seeks to add a second line along an existing easement. 

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Wednesday
May202015

ITC Seeking Vegetation Management Easements in Ypsilanti Township

ITC Land Agents Are Seeking Vegetation Management Easements in Ypsilanti Township

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Wednesday
May202015

OWNERS’ GUIDE TO UNDERSTANDING AND RESPONDING TO AN ITC EASEMENT REQUEST

I have been contacted by a property owner from whom International Transmission Company (“ITC”) is seeking to acquire new property rights along an existing transmission line.  This blog post responds to the owners’ questions about why ITC is seeking to expand its rights and summarizes the blog posts most relevant to an owner approached by ITC. 

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Wednesday
Apr152015

Condemnation in China

If you think eminent domain is bad in the United States, check out what happens in China. 

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Monday
Mar232015

ET Rover Owner Group Forming in Lenawee County

I am working on assembling an owners group in Lenawee County to deal with the ET Rover Project.

Click to read more ...

Tuesday
Mar102015

ET Rover Pipeline Active in Lenawee, Livingston and Washtenaw Counties

ET Rover landmen are trying to acquire property rights after the pipeline was rerouted. 

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Wednesday
Feb182015

New International Bridge One Step Closer

Recent Detroit News article indicates that bridge negotiations are proceeding successfully.

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Wednesday
Feb042015

Lenawee County Compelled to Acquire Additional Easements

Lenawee County has resolved a new lawsuit filed on behalf of property owners adjacent to its expanded airport by agreeing to initiate formal condemnation proceedings this summer.

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Wednesday
Feb042015

ITC Files Lawsuits to Expand Transmission Line Serving Karegnondi Pumping Station

International Transmission Company (“ITC”) has filed lawsuits in Lapeer Circuit Court to expand pre-existing transmission lines. 

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