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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New International Bridge One Step Closer

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

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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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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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ET Rover Significantly Alters Pipeline Route

ET Rover has altered the route of its proposed pipeline in response to massive citizen protest, resulting in the pipeline construction being limited to Washtenaw, Lenawee and Livingston Counties.

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MDOT Preparing to Initiate International Bridge Condemnation

MDOT has issued initiated the process of retaining right of way acquisition companies to implement condemnations for the new International Bridge project.

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Michigan Court of Appeals Issues Opinion for Publication Allowing a Tenant to Appeal Property Tax Assessment for a Shopping Center

Michigan Court of Appeals Issues Opinion for Publication Allowing a Tenant to Appeal Property Tax Assessment for a Shopping Center.

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Waisanen Decision Expands Owners Rights to Assert Adverse Possession or Acquiescence Claims Against the Government.

A recent published opinion could greatly affect the ability of Michigan municipal corporations to protect their property ownership interests from claims for adverse possession or acquiescence brought by private parties. While this case does not specifically address eminent domain issues, it is relevant.  Adverse possession and acquiescence claims can in an eminent domain suit if owners assert that they enjoy rights in property titled in the government and make damage claims for the loss of those rights.

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ITC Condemning Rights to Expand Transmission Lines to Service Karegnondi Water Authority Pumping Station

International Transmission Company ("ITC") has initiated eminent domain proceedings to acquire property rights in Lapeer County to supply power required to service a Karegnondi Water Authority pumping station.

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ITC Serving Lawsuits in Taylor and Brownstown

International Transmission Company (“ITC”) is actively serving lawsuits in Taylor and Brownstown that employ eminent domain to expand the right to remove vegetation, among other things, surrounding pre-existing transmission lines.

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An Introduction to Eminent Domain

I co-authored an article entitled An Introduction to Eminent Domain for the SRR Journal, which is published by Stout Risius Ross, a Global Financial Services Firm.  To read the article, click here.

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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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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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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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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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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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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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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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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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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