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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.

 

 

 

 

« ITC Planning Massive Electrical Line Expansion Project | Main | Consumers' New Proposed Project Causes Local Uproar »
Wednesday
Mar082023

ITC Limits Access Rights in Mountain Project

ITC agrees to place limits on how it can access the industrial properties of my clients in order to reduce the impacts on their businesses.

I represent a number of property owners operating businesses on improved properties that are subject to acquisitions by ITC. My clients were concerned that the process of constructing would impact their ability to access their buildings and would interrupt their businesses. 

In order to address their concerns, I negotiated concessions about the manner of gaining access with ITC. These concessions are included in court orders that will be recorded and include an agreement that no poles would be placed in parking lots, 24 hours' notice will be given before entering properties, and access limitations are outside of normal business hours.

This is not a unique situation. Similar concessions were made relative to office buildings.  For farmers, I have negotiated language limiting the number and size of lots. Even with the acquisition of reduced property rights, ITC has paid increased just compensation to my clients. Compare this to property owners who were not represented by counsel and were paid less for easements that were more intrusive.

It makes sense to retain experienced eminent domain counsel to protect your rights. Please feel free to contact me.

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