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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.

 

 

 

 

« Success for Farmers – Part I | Main | Supreme Court Upholds Distinction Between Agency and Owner Necessity Appellate Rights »
Wednesday
Aug032022

ITC Issuing Good Faith Offers for Mountain Project

ITC Is Initiating Procedural Steps to File Lawsuits to Acquire Easements for a New Transmission Along Brown and Dutton Roads Near Lapeer Road.

I am representing a number of property owners along Brown and Dutton Roads in Auburn Hills. ITC is constructing a new electrical transmission line, requiring acquisitions of easements.

Before an agency like ITC can initiate an eminent domain lawsuit, it must first issue good faith offers. A good faith offer is governed by MCL 213.55. It requires ITC to identify the property rights it seeks, offer compensation for the acquisition of those rights, and submit that offer to all property owners.

I have been assisting my clients with coordinating some of the preliminary acquisition steps with ITC. ITC is now ready to issue the good faith offers, which I expect to come in August. At that point, the property owners will finally be informed of the property sought. After submission of the good faith offers, ITC will be filing eminent domain lawsuits in Oakland County Circuit Court where the property owners can exercise their rights.

It is generally better for property owners to join together in their representation. This can make the representation more efficient and cost-effective. If you have been contacted by ITC, now would be the time to consider consulting with experienced eminent domain counsel because lawsuits will likely be filed in September or October.

If you have been approached by ITC about the amount and project, please do not hesitate to contact me and join the group already formed.

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