Dedicated to Protecting Private Property Rights
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.
INTERNATIONAL COUNCIL OF SHOPPING CENTERS EVENT
I will be leading roundtable sessions at ICSC’s April 18 Conference.
ICSC is a leading trade group representing a wide variety of property owners, retailers, and professionals who support them that are involved in retail shopping centers. I will be presenting at a roundtable at its April 18, 2024 Continuing Education Program in Novi. The presentation will provide a quick overview of eminent domain procedures and focus on just compensation issues that can impact retail locations but are often missed by agency appraisers. I have participated in these events in the past. If you are attending, please attend my roundtable or introduce yourself during the program.
ANOTHER MAJOR WIN IN AIRPORT CASE
A substantial increase in just compensation occurred after the County’s appraiser failed to understand or analyze the substantive issues in the case and illustrates why the Uniform Condemnation Procedures Act entitles owners to commission independent appraisals at the agency’s expense.
MAJOR VICTORY IN AIRPORT TAKING
Northern Michigan airport agrees to pay almost 15 times their offer to settle after I won all the pretrial motions.
CONSUMERS ENERGY USING EMINENT DOMAIN IN GRAYLING AREA
Consumers will be condemning property south of Grayling for the Skyline High Voltage Distribution Project.
MICHIGAN ELECTRIC TRANSMISSION COMPANY EVALUATING NEW NELSON ROAD TO ONEIDA PROJECT IN GRATIOT, CLINTON, IONIA, AND EATON COUNTIES
METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.
WHO OWNS THE ROADS?
A recent New York Times article asks this question rhetorically when discussing repurposing right of way, but the literal question implicates property rights.
MICHIGAN ELECTRIC TRANSMISSION COMPANY EVALUATING NEW HELIX TO HIPLE PROJECT IN CALHOUN AND BRANCH COUNTIES
METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.
US SUPREME COURT UNANIMOUSLY RULES THAT GOVERNMENTS CANNOT RETAIN THE EXCESS VALUE OF FORECLOSED HOMES
This recent opinion conforms federal law to a recent Michigan opinion.
UNIVERSITY OF MICHIGAN THREATENING EMINENT DOMAIN TO ACQUIRE LAND FOR NEW DORMS
Defending an eminent domain acquisition is rarely “expensive” for property owners, notwithstanding an assertion to the contrary by a UM Regent.
SIXTH CIRCUIT EXTENDS UNCONSTITUTIONAL CONDITIONS DOCTRINE
Governments cannot attach unreasonable conditions to permit requests.
MICHIGAN COURT OF APPEALS CONFIRMS CANTON TREE ORDINANCE IS UNCONSTITUTIONAL
The ruling upholds a victory by Clark Hill and the Texas Public Policy Foundation.
WOULD PROPOSED PROHIBITIONS AGAINST INTERNAL COMBUSTION ENGINE VEHICLES CONSTITUTE TAKINGS OF GAS STATION PROPERTIES?
Spoiler Alert, I don’t know, but it is interesting to contemplate.
ITC PLANNING MASSIVE ELECTRICAL LINE EXPANSION PROJECT
ITC is planning 18 transmission projects as part of the Long-Range Transmission Plan.
ITC LIMITS ACCESS RIGHTS IN MOUNTAIN PROJECT
ITC agrees to place limits on how it can access the industrial properties of my clients in order to reduce the impacts on their businesses.
CONSUMERS' NEW PROPOSED PROJECT CAUSES LOCAL UPROAR
A proposed high-voltage transmission line is vigorously opposed by impacted local residents.
SUCCESSFUL NEGOTIATION OF SIDEWALK EASEMENT
Substantial revisions were made to a sidewalk easement to address the business concerns of a large, well-known retailer on a major street, plus added just compensation was paid.
INTERESTING ARTICLE ADVOCATING ABILITY TO USE EXISTING OPTIONS TO EXPAND ELECTRICAL GRID
A recent article advocates the use of existing legislation to expand the electrical grid to facilitate greater use of renewable energy, which, if implemented, will require use of eminent domain.