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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
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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Wednesday
Jul032013

Welcome to My Michigan Condemnation Blog

I hope that this blog will be informative to both attorneys who do not specialize in the area of condemnation and lay people.  It will address legal concepts that arise in condemnation cases, issues that impact condemnation law in the state of Michigan and events that take place in my law practice representing property owners being subjected to eminent domain cases.

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