Dedicated to Protecting Private Property Rights
Oakland County Road Commission Will Be Seeking Property Rights on Novi Road
The Oakland County Road Commission plans to widen Novi Road, potentially encroaching on private properties for easements, and affected property owners are invited to seek additional compensation for potential impacts on zoning compliance, signage, and vegetation.
METC’s Easement Option Agreements: Why Would Anyone Sign Them?
Having had a chance to examine a couple of the Easement Option Agreement packages that METC’s right of way agents have distributed, here is my perspective on why they can be summed up as “more rights for less money.”
Strength in Numbers
This post highlights how collective representation strengthens property owners' cases in the METC Helix and Oneida Substation projects. Contact me to discuss your options—no retainer required, and representation ends at no cost if no rights are acquired.
Ownership Group Forming for Consumers Houghton Lake Substation Project
Consumers Energy is seeking easements in Roscommon County with minimal compensation, impacting property values through tree removal and reduced curb appeal. I represent clients on a contingency basis to secure fair compensation above Consumers' initial offer—contact me to discuss your options.
Grade Change and Zoning Impacts in Partial Takings (Video)
This post examines just compensation claims attributable to changes in grade caused by road construction and the impacts of the taking on zoning compliance.
Civil Engineering Experts (Video)
It is sometimes necessary to retain experts beyond real estate appraisers to quantify just compensation. This post focuses on two cases in which civil engineers provided assistance, including a recent matter requiring preparation of before and after taking site plans and cost estimates to measure the impact of a pipeline easement.
Scope of the Project Rule (Video)
When evaluating before-taking value, the impact of the project must be disregarded. This is called the Scope of the Project Rule. This post discusses the application of the rule in two cases involving projects that had been contemplated for decades and caused significant negative impacts on properties that, when disregarded, justified higher values before the taking.
Cost to Cure Damages in Partial Takings (Video)
Damages to the remainder can be measured by evaluating the costs necessary to cure an impact of a taking. But Michigan law only allows cost to cure to be used when it is less than the total damages incurred. This post discusses cost to cure in a case where access was prevented unless a bridge was built.
Does METC Enjoy Public Use and Necessity for the Dorrance Interconnection Project?
Michigan Electric Transmission Company is filing new condemnation lawsuits that may be legally deficient to support a solar farm.
Owner’s Guide to Avoiding Tax on Condemnation Proceeds Through Internal Revenue Code §1033 Relating to Involuntary Conversions
You might be familiar with the practice of deferring gain through like-kind exchanges under IRC §1031. The rules governing like-kind exchanges are strict, and the deadlines are short. Section 1033 provides a more relaxed procedure, with more generous deadlines, for avoiding gain arising from “involuntary conversions.”
Best Lawyers in America
I’ve been selected for inclusion in the 2025 edition of The Best Lawyers in America® for my work in Eminent Domain and Condemnation.
Issues that Owners Potentially Impacted by the Michigan Electric Transmission Company ITC Helix Substation to Hipple Substation and Oneida Substation to Nelson Road Substation Projects
Michigan Electric Transmission Company (“METC”), which is related to International Transmission Company or ITC, is pursuing two petitions for Michigan Public Service Commission approval. It is starting land acquisition by sending letters advising property owners that land consultants will be contacting them in the coming weeks to obtain easements.
Necessity Challenges (video)
The location of a leading published opinion discussing necessity standards barring the acquisition of excessive rights precedes two stops in Detroit where successful challenges occurred.
Definition of Parcel (video)
The parking lot of a church in Detroit was not acquired to be part of the Comerica Park footprint because the definition of parcel would have required payment of significant damages to the remainder attributable to the church building itself.
Super Variances (video)
A fast food restaurant in Walled Lake serves as an example of a supervariance acquired by an agency to mitigate just compensation claims stemming from zoning non-compliances created by an easement acquisition.
Small GFOs (video)
Cases in Pontiac, Franklin, and Rochester Hills involving nominal good faith offers and significant just compensation increases on a percentage basis illustrate that even small good faith offers should be reviewed by experienced eminent domain counsel.
Public Use (video)
Explore Michigan’s evolving public use standards involving accompanying private benefits with stops at the sites of the Poletown, Hathcock, and Adell decisions.
Michigan Gas Utilities Corporation Pursuing Acquisitions for Marshall to Coldwater Pipeline Replacement Project
Efforts being made to obtain right of way for a project that was approved by the Michigan Public Service Commission.
IN SHEETZ V EL DORADO, CALIFORNIA, SCOTUS EXPANDED EXACTION CLAIMS
The Supreme Court applied the exaction test, which limits conditions placed on obtaining zoning approval, to both legislative and administrative permit conditions.
IN DEVILLIER V TEXAS, SCOTUS ALLOWS STATE LAW FLOODING CLAIMS TO PROCEED IN FEDERAL COURT
The United States Supreme Court allows property owners to pursue claims attributable to flooding of their properties caused by a dam built to protect a hurricane evacuation route.