Dedicated to Protecting Private Property Rights

Alexandra France Alexandra France

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.

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Alexandra France Alexandra France

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.

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Alexandra France Alexandra France

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.

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Alexandra France Alexandra France

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.

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Alexandra France Alexandra France

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…”

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Alexandra France Alexandra France

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.

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