Dedicated to Protecting Private Property Rights
WILL PROPOSED NEW MILITARY AIRCRAFT LOW FLIGHT PATTERNS RESULT IN TAKINGS?
Consistent low flying aircraft can result in a taking of private property, in violation of the Constitution.
BUSINESS INTERRUPTUS: EVIDENCE, INCLUDING COSTS FOR AVOIDING BUSINESS INTERRUPTION CLAIMS, IS LIBERALLY ADMITTED IN CONDEMNATION CASES WITHOUT A BURDEN OF PROOF
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Seventh, a 1985 Michigan case that confirms that evidence is liberally admitted in condemnation cases while discussing claims for the cost for business interruption.
ANN ARBOR PROCEEDING WITH UTILITY PROJECT
After years of delay, the City has finally confirmed that it is proceeding with a long-planned sewer project.
CONSUMERS FILING SUITS IN WASHTENAW COUNTY
Consumers Energy is using eminent domain to acquire new pipeline easements to replace an existing pipe.
FLY RIGHT: LOW OVERHEAD FLIGHTS AND PILOT DEVIATIONS FROM FAA FLIGHT PATTERNS CAN CREATE LIABILITY FOR AIRPORT AUTHORITIES
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Sixth, a 2012 Wisconsin case that relies upon federal precedents that protects property owners adjacent to airports.
GRILL THEM ABOUT THEIR PROMISES: ONLY BINDING CONTRACTUAL PROMISES AVOID THE ONE RECOVERY RULE
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Fifth, a 1977 Michigan case illustrates the negative consequences of relying upon non-contractual promises by a condemning authority about how property will be used and why, in partial takings, it is assumed that the rights acquired by an agency will be fully used.
A PAIR OF KINGS ACE THE AGENCIES: JUST COMPENSATION REQUIRES DISREGARDING IMPACTS FROM DELAYED PROJECTS
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Fourth, a pair of cases addressing the Scope of the Project Rule, which prevents owners from suffering where the prolonged delay in a project has negatively impacted property value.
ALWAYS SHOOT STRAIGHT: AGENCIES MUST STRICTLY COMPLY WITH ALL PROCEDURAL REQUIREMENTS
In homage to the upcoming season, I am writing the 12 Days of Eminent Domain, highlighting a dozen of my favorite eminent domain decisions. Third, an 1876 Michigan opinion requiring exact compliance with procedural rules.
STOP RIGHT THERE: NO CONDEMNATION, NO HIGHWAY
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Second, a 1976 Michigan opinion halting the construction of the M-14 highway until the Department of Transportation acquired residential use restrictions.
HOLD THE SALAMI: THE GOVERNMENT CANNOT STAGE MULTIPLE ACQUISITIONS TO REDUCE TOTAL JUST COMPENSATION
In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. First, a 1973 United States Supreme Court case with both a substantive ruling that fairly benefits property owners and contains an unusual, historically significant turn of phrase.
SUCCESS FOR FARMERS – PART II
Consent Judgment Entered in Zoning Enforcement Action Allowing Unique Farming Activities to Continue
SUCCESS FOR FARMERS – PART I
GAAMPS Allow Construction and Maintenance of Farm Buildings Used to Store Fertilizer and Pesticides
ITC ISSUING GOOD FAITH OFFERS FOR MOUNTAIN PROJECT
ITC Is Initiating Procedural Steps to File Lawsuits to Acquire Easements for a New Transmission Along Brown and Dutton Roads Near Lapeer Road.
SUPREME COURT UPHOLDS DISTINCTION BETWEEN AGENCY AND OWNER NECESSITY APPELLATE RIGHTS
Agencies enjoy an appeal of right of adverse decisions regarding necessity while owners must seek leave.
MICHIGAN COURT RULES CHANGED TO BENEFIT OWNERS IN CONDEMNATION CASES
Case evaluation, a process to compel settlements, has been changed to remove sanctions that disproportionately impacted property owners in condemnation cases.
ROW SOUGHT FOLLOWING MPSC APPROVAL TO CONSTRUCT 55 MILES OF NATURAL GAS PIPELINE IN CLINTON, SHIAWASSEE, INGHAM, LIVINGSTON, AND WASHTENAW COUNTIES
Consumers Power is seeking easements to facilitate construction of a new natural gas pipeline. Consumers’ promotional material includes a map of the route and indicates that it will be constructed in two phases.
STATE LEGISLATURE EVALUATING ZONING LAW MODIFICATIONS LIMITING LOCAL CONTROL
Bills relating to short term vacation rental and gravel mining zoning regulations test competing principles of government.
The Michigan legislature is evaluating two laws relating to local zoning ordinances.
FRANKFORT AIRPORT SEEKING EASEMENT RIGHTS
The Benzie County Record Patriot Reports that the Frankfort Dow Memorial Airport is seeking additional property rights from multiple owners.
The Frankfort Dow Memorial Airport is currently seeking to acquire avigation rights from neighboring property owners. I am currently representing an owner who received a good faith offer and is heading toward a condemnation.
TRAVERSE CITY CHERRY CAPITAL AIRPORT ENGAGING IN RPZ EASEMENT ACQUISITIONS
The Airport has acquired three of nine Runway Protection Zone properties and is reported to be seeking easements for the balance of them.
According to the Traverse City Record Eagle, the Cherry Capital Airport in Traverse City is engaged in acquiring properties in order to protect its Runway Protection Zone or RPZ. In a May 21, 2021 article, the Record Eagle describes the process of acquiring three of nine RPZ properties and quotes the airport director, who indicated that “For the six remaining properties — two on the west side and four on the east side of the runway — the NRAC will likely seek easements…”
ARE COVID-RELATED STIMULUS FUNDS PARTLY RESPONSIBLE FOR UPTICK IN AIRPORT TAKINGS?
Recently, I have observed increased activity involving small airport easement acquisitions, which may be attributable to the temporary elimination of local airport funding contributions.
I have extensive experience handling eminent domain cases involving the imposition of avigation easements. Avigation easements facilitate airport activities, including by allowing removal of trees, restriction on construction or activities involving the gathering of people, and prohibition of certain conduct deemed hazardous to airports like activities that attract birds or generate smoke. Recently, I have been contacted by property owners being subjected to takings for small, local airports.