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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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Thursday
Feb182021

New ITC/METC Midland and Saginaw County Project for Meridian Park Windfarm?

New takings by ITC or METC likely to provide transmission line infrastructure to support DTE’s Meridian Park Windfarm in Midland and Saginaw Counties.

DTE has been proceeding with a new windfarm in three townships in Midland and Saginaw Counties. Porter and Mount Haley Townships in Midland County and Jonesfield Township in Saginaw County have been targeted for the new windfarm for a while. A recent newspaper article confirmed that construction on 70 wind turbines is intended to begin in April. 

Jonesfield Township’s website contains significant information about the project (at least as it was approved within that township’s boundaries), including site plan and consulting engineer’s reports. These show that energy will be collected from within the project at a substation in Jonesfield Township. The energy will then need to be transmitted into the larger electrical grid.

This is where ITC or its related entity METC come into play. A review of aerial maps does not reveal existing electrical transmission lines in the area that can support transmission of the electricity generated by the project. Therefore, it is likely that ITC/METC right of way agents will soon be approaching property owners in order to secure right of way for new transmission lines. ITC often seeks easements granting it broader rights than what they need in exchange for less money than they should pay. I have represented hundreds of property owners in ITC/METC condemnations, including farmers, homeowners, and all sorts of commercial uses from fast food to apartments to office buildings. This blog post discusses ITC takings. I have frequently negotiated less burdensome easements and while seeking greater just compensation (I cannot identify actual just compensation results based upon confidentiality requirements imposed by ITC).

If you have been approached about granting an easement for this or any other project, please feel free to contact me.

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