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Stephon B. Bagne

Member, Clark Hill PLC

Phone: (313) 965-8897

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Email: sbagne@clarkhill.com

 

Stephon B. Bagne’s expertise in representing property owners in condemnation cases is widely recognized. Stephon has represented all types of property owners in a variety of situations including vacant and improved property, partial and total takings, easement and fee acquisitions, involving commercial and residential properties. He has won jury trials in courts throughout the State of Michigan and successfully defended those verdicts before the Michigan Court of Appeals. Stephon has prevailed in challenges of the necessity of takings and negotiated less onerous acquisitions in partial taking matters. He regularly speaks and writes about eminent domain and other real estate law issues for a variety of professional organizations. For a more complete bio, please click here.

 

 

 

 

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Tuesday
Aug042015

DTE Trees Clearing Plans Criticized

In the wake of tree related power outages, DTE intends to cut trees more aggressively in Oakland County

The Detroit Free Press has reported on a story involving Detroit Edison’s tree clearing plans.  Click here to read the article.  In the story, residents in Royal Oak are complaining about DTE’s intention to remove trees, an intention that was only known as a result of white X marks appearing on trees. 

While the article never discusses the extent of the easement rights owned by DTE, to me it highlights the importance of understanding all of the rights being acquired by an easement so as to avoid nasty surprises.  Utilities will sometimes take a cut it now and deal with it later approach and remove trees based upon their foresters’ recommendations without first determining whether they have the legal right to do so.  Alternatively, they might cut the trees and leave behind a mess for the owners to clean. 

It is critical the property owners facing potential tree clearing activities understand exactly what the easements allow the utilities to do and take proactive steps to assert their rights before tree clearing happens.

If you have been confronted with issues relating to utility companies, please do not hesitate to contact me.

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