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Stephon B. Bagne

Member, Clark Hill PLC

Phone: (313) 965-8897

Fax: (313) 309-6897

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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Friday
Apr202018

Eminent Domain at the Oscars?

The movie Little Pink House focuses upon the battle over eminent domain in a landmark SCOTUS case.

In what may be a first, there is Oscars buzz for a movie focused on eminent domain. The “buzz” is not necessarily coming from the movie industry but was raised by conservative columnist George Will. However, any popular publicity is more than what normally exists.

The movie Little Pink House focuses upon Susette Kelo, who challenged the city of New London, Connecticut’s decision to use eminent domain to acquire property for a private research facility. Kelo’s case went all the way to the United States Supreme Court, where five justices allowed the taking to occur. This article discusses both the movie and the eventual result of the development (it was not apparently good – the former home is apparently now a vacant lot).

The Kelo decision resulted in popular revulsion at the perceived abuse of eminent domain to dispossess people from their property for the benefit of for-profit corporations. Indeed, in Michigan, a Constitutional amendment resulted that restricted the use of eminent domain and provided other benefits to owners. This article that I published in 2007 discusses how the Kelo decision spurred changes in Michigan law.

Please feel free to contact me if you are facing any eminent domain issues.

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