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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.

 

 

 

 

Tuesday
Sep232014

ITC Active in Taylor and Brownstown Township

ITC is making good faith offers to expand their vegetation management rights for existing transmission lines in Taylor and Brownstown Township.

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Saturday
Sep132014

Court of Appeals Upholds Victory in Gardner Airport Case

The Michigan Court of Appeals upheld my jury verdict awarding a total taking in an airport case, resulting in a $590,000 award after a $25,000 good faith offer.

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Thursday
May152014

Article Published in Right of Way Magazine

I published an article in the May/June edition of Right of Way Magazine titled Broad Rights of an Avigation Easement. The article focuses upon the requirement that condemning authorities pay just compensation based upon the assumption that all rights involuntarily acquired from property owners will be used to the fullest extent of the law in the context of my trial and appellate experiences dealing with airport easements.

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Monday
Apr282014

ITC ACTIVE IN TAYLOR

 ITC appraisers are contacting property owners in Taylor, demonstrating that good faith offer and lawsuits will soon follow.

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Monday
Apr282014

ITC SERVING GOOD FAITH OFFERS IN OSHTEMO WEEDS LAKE PROJECT CASES

ITC, through its subsidiary, Michigan Electric Transmission Company, LLC ("METC"), has submitted good faith offers as a prerequisite to filing condemnation lawsuits in the Oshtemo Weeds Lake project.

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Monday
Mar242014

BEWARE OF THE SECRET USE OF HERBICIDES IN UTILITY CORRIDORS

Utility companies interpret generic language allowing them to “destroy” or “control” vegetation to include the use of herbicides on private property.  However, neither the easements nor Michigan Law require the utility companies to provide actual notice to property owners about the use of herbicides.

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Friday
Mar142014

United States Supreme Court Addresses Abandonment of Railroad Easements

Underlying fee property owners and not the United States are entitled to the fee simple interest in an abandoned railroad easement.

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Wednesday
Mar122014

TRIAL COURT EXCLUDES EVIDENCE THAT ITC WOULD NOT USE ACQUIRED RIGHTS TO FULLEST EXTENT ALLOWED BY LAW

In a partial taking case, Michigan law requires just compensation to be awarded based upon the assumption that the agency will use its newly acquired rights to the fullest extent allowed by law.  A recent trial court ruling excluded evidence that ITC sought to admit based upon this principal.

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Wednesday
Dec112013

VICTORY IN LENAWEE COUNTY AIRPORT CASE

The Michigan Supreme Court refused to review a published opinion issued by the Michigan Court of Appeals upholding a successful verdict and the requirement that the County pay significant interest on the judgment.

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Friday
Nov012013

ITC PROCEEDING WITH PRELIMINARY ACQUISITION EFFORTS DESPITE OSHTEMO TOWNSHIP APPEALING MPSC DECISION IN WEEDS LAKE PROJECT

Despite Oshtemo Township appeal an MPSC ruling favorable to International Transmission Company (“ITC”), ITC is undertaking preliminary steps to initiate condemnations.

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Tuesday
Oct152013

JUST COMPENSATION REQUIRES ANALYZING THE IMPACT OF THE TAKING OF ENTIRE GROUPS OF PROPERTIES

Just compensation is owed for the impact on the entire large parcel, not merely the particularly described property from which a taking occurs.

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Saturday
Sep282013

OWNERS CAN CHALLENGE WHETHER ACQUISITION OF ALL RIGHTS SOUGHT ARE NECESSARY

Even if an agency seeks to acquire property rights to facilitate a project that is unquestionably a public use, property owners may challenge whether it is necessary for the agency to acquire all the rights it seeks.

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Thursday
Sep052013

PRE-LAWSUIT CONDEMNATION ISSUES

Before filing an eminent domain lawsuit, an agency must submit a good faith offer identifying both the rights they seek to acquire and the just compensation being offered.  Since agencies are entitled to gather information to support a good faith offer, it is best to retain counsel as soon as possible.

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Friday
Aug162013

OSHTEMO TOWNSHIP APPEALING MPSC DECISION ALLOWING ITC TO PROCEED WITH WEEDS LAKE PROJECT

Oshtemo Township has announced its intention to appeal an MPSC ruling favorable to International Transmission Company (“ITC”), delaying condemnations.

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Monday
Aug052013

MICHIGAN PUBLIC SERVICES COMMISSION APPROVES ITC WEEDS LAKE PROJECT; CONDEMNATION MAY FOLLOW

International Transmission Company ("ITC") overturned an Administrative Law Judge's opinion, taking a step forward to allowing ITC to condemn necessary along a seven mile route in Oshtemo Township, Kalamazoo County.

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Friday
Aug022013

LOW OVERFLIGHTS BY AIRCRAFT MAY REQUIRE AIRPORTS TO PAY JUST COMPENSATION

The Wisconsin Supreme Court, relying on United States Supreme Court rulings that apply in all states, recognized that low, frequent flights over property may be compensable even if they do not deprive the owner of substantially all beneficial use of the property.  This applies even when pilots deviate from established flight paths.

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Monday
Jul222013

READ THE SMALL PRINT – JUST COMPENSATION IS CALCULATED BY ASSUMING THE AGENCY WILL USE ALL ACQUIRED RIGHTS

Property owners must fully understand the rights being acquired from them to avoid nasty surprises later.  In some instances, property owners can reduce the impact of onerous easements.

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Tuesday
Jul162013

MICHIGAN LAW ENTITLES HOMEOWNERS TO SUBSTANTIAL BENEFITS IN ADDITION TO PAYMENT OF JUST COMPENSATION

If people are forced to move from their home by condemnation, they may be entitled to additional benefits including payment of 125% of just compensation, a payment to offset future property tax increases, and moving benefits.  Property owners are always entitled to reimbursement of reasonable expert fees and generally entitled to reimbursement of their attorney fees.

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Friday
Jul122013

Runway Protection Zones Destroy The Value of Residential Properties

Homes are incompatible with Runway Protection Zones at the end of runways.  If the governmental attempts to acquire only an easement, Michigan law allows a property owner to demand that their entire property be purchased.

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Friday
Jul052013

MICHIGAN COURT OF APPEALS UPHOLDS MY TRIAL VICTORY IN AN AIRPORT AVIGATION EASEMENT/RUNWAY PROTECTION ZONE CASE

Court of Appeals upheld a jury verdict awarding $470,000 in just compensation, where the condemning authority offered only $49,500.  The Court of Appeals also upheld an award of statutory interest of approximately $100,000.

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