Prussian statesman Otto von Bismarck’s famous quotation is that “laws are like sausages. It’s better not to see them being made.” Perhaps the same could be said of large scale economic developments that require the use of eminent domain to dispossess residents.

Personal guaranties are the most common tool to secure performance of a lease. While standard, multi-page forms are superior, a guaranty can be created by a simple sentence stating that “Guarantor absolutely, unconditionally and irrevocably guarantees the full and timely performance of all of tenant’s obligations pursuant to the lease.”

A condemnation case winding its way through the New York courts pits a local development authority acting in concert with a shopping center developer in a battle against several major retail tenants.

The Michigan Department of Transportation (MDOT) recently announced that it is proceeding with its plan to remove I-375, which is a spur from I-75 south into downtown Detroit. MDOT intends to create a surface street in its place that includes green space.

Eminent domain is the power of a government agency or limited types of private companies (such as utilities) to involuntarily acquire private property rights in exchange for the payment of just compensation. Condemnation laws involve complicated legal and valuation issues. Providing a nuanced discussion of those issues that differentiates between the procedural and substantive requirements of each state would require a treatise, not an article. Therefore, this article provides a general introduction to the laws of one exemplar state — Michigan.

Condemning agencies are frequently tempted to impose easements that provide extensive controls over properties and address every conceivable future scenario no matter how unlikely.

The testimony and analysis of two real estate appraisers in a $590,000 condemnation/eminent domain lawsuit against Lenawee County was a contrast in preparation, according to Detroit-based attorney Stephon Bagne.

The sole issue in the vast majority of condemnation cases involves the determination of the appropriate amount of just compensation the condemning authority must pay the property owner. As such, eminent domain matters usually become contests between two expert real estate appraisers. Before an appraiser can determine the type of market data that will ultimately be compared to the subject property in order to reach a conclusion of value, the appraiser must determine how the property could ultimately be used to generate the greatest market value.

In some respects, formal condemnation cases are different than other types of cases due to a modification of the traditional American Rule relating to the burden of litigation expenses including attorney fees.