Ann Arbor Proceeding With Utility Project

After years of delay, the City has finally confirmed that it is proceeding with a long-planned sewer project.

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Consumers Filing Suits in Washtenaw County

Consumers Energy is using eminent domain to acquire new pipeline easements to replace an existing pipe.

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Fly Right: Low Overhead Flights and Pilot Deviations From FAA Flight Patterns Can Create Liability for Airport Authorities

In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions.  Sixth, a 2012 Wisconsin case that relies upon federal precedents that protects property owners adjacent to airports.

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Grill Them About Their Promises: Only Binding Contractual Promises Avoid the One Recovery Rule

In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions.  Fifth, a 1977 Michigan case illustrates the negative consequences of relying upon non-contractual promises by a condemning authority about how property will be used and why, in partial takings, it is assumed that the rights acquired by an agency will be fully used.

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A Pair of Kings Ace the Agencies: Just Compensation Requires Disregarding Impacts From Delayed Projects

In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Fourth, a pair of cases addressing the Scope of the Project Rule, which prevents owners from suffering where the prolonged delay in a project has negatively impacted property value.

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Always Shoot Straight: Agencies Must Strictly Comply with All Procedural Requirements

In homage to the upcoming season, I am writing the 12 Days of Eminent Domain, highlighting a dozen of my favorite eminent domain decisions. Third, an 1876 Michigan opinion requiring exact compliance with procedural rules.

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Stop Right There: No Condemnation, No Highway

In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. Second, a 1976 Michigan opinion halting the construction of the M-14 highway until the Department of Transportation acquired residential use restrictions.

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Hold the Salami: The Government Cannot Stage Multiple Acquisitions to Reduce Total Just Compensation

In homage to the upcoming season, I am writing the 12 Days of Condemnation, highlighting a dozen of my favorite eminent domain decisions. First, a 1973 United States Supreme Court case with both a substantive ruling that fairly benefits property owners and contains an unusual, historically significant turn of phrase.

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Success for Farmers – Part II

Consent Judgment Entered in Zoning Enforcement Action Allowing Unique Farming Activities to Continue

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Success for Farmers – Part I

GAAMPS Allow Construction and Maintenance of Farm Buildings Used to Store Fertilizer and Pesticides

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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.

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Supreme Court Upholds Distinction Between Agency and Owner Necessity Appellate Rights

Agencies enjoy an appeal of right of adverse decisions regarding necessity while owners must seek leave.

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Michigan Court Rules Changed to Benefit Owners in Condemnation Cases

Case evaluation, a process to compel settlements, has been changed to remove sanctions that disproportionately impacted property owners in condemnation cases. 

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ROW Sought Following MPSC Approval to Construct 55 Miles of Natural Gas Pipeline in Clinton, Shiawassee, Ingham, Livingston, and Washtenaw Counties

Consumers Power is seeking easements to facilitate construction of a new natural gas pipeline. Consumers’ promotional material includes a map of the route and indicates that it will be constructed in two phases.

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State Legislature Evaluating Zoning Law Modifications Limiting Local Control

Bills relating to short term vacation rental and gravel mining zoning regulations test competing principles of government.

The Michigan legislature is evaluating two laws relating to local zoning ordinances.

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Frankfort Airport Seeking Easement Rights

The Benzie County Record Patriot Reports that the Frankfort Dow Memorial Airport is seeking additional property rights from multiple owners.

The Frankfort Dow Memorial Airport is currently seeking to acquire avigation rights from neighboring property owners. I am currently representing an owner who received a good faith offer and is heading toward a condemnation.

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Traverse City Cherry Capital Airport Engaging in RPZ Easement Acquisitions

The Airport has acquired three of nine Runway Protection Zone properties and is reported to be seeking easements for the balance of them.

According to the Traverse City Record Eagle, the Cherry Capital Airport in Traverse City is engaged in acquiring properties in order to protect its Runway Protection Zone or RPZ.  In a May 21, 2021 article, the Record Eagle describes the process of acquiring three of nine RPZ properties and quotes the airport director, who indicated that “For the six remaining properties — two on the west side and four on the east side of the runway — the NRAC will likely seek easements…”

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Are COVID-Related Stimulus Funds Partly Responsible for Uptick in Airport Takings?

Recently, I have observed increased activity involving small airport easement acquisitions, which may be attributable to the temporary elimination of local airport funding contributions.

I have extensive experience handling eminent domain cases involving the imposition of avigation easements. Avigation easements facilitate airport activities, including by allowing removal of trees, restriction on construction or activities involving the gathering of people, and prohibition of certain conduct deemed hazardous to airports like activities that attract birds or generate smoke. Recently, I have been contacted by property owners being subjected to takings for small, local airports.

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Federal Court Strike Down CDC Eviction Ban

A federal ban on evictions was overturned as being outside the statutory powers delegated to the Center for Disease Control.

During the COVID pandemic, there have been a number of state and national efforts to prevent landlords from evicting residential tenants.  Recently, in a case titled Alabama Association of Realtors v United States Department of Health and Hum Services, a moratorium issued by the CDC was overturned. 

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Macomb County Condemning for 23 Mile Road Improvements

Macomb County recently filed an eminent domain action to acquire road right of way on 23 Mile Road between Romeo Plank and North. 

Macomb County no longer has an independent road commission, with the County itself fulfilling that role.  Recently, Macomb County filed an eminent domain action to acquire road right of way on the north side of 23 Mile Road between Romeo Plank and North Avenue. The County’s website indicates that the project entails “reconstruction of existing asphalt road to five-lane concrete road, storm sewer construction, utility relocations, signal improvements, and restoration work.” It is scheduled to be completed by September. 

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