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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.

 

 

 

 

Friday
Jan192018

Yet Another ET Rover Pipeline Accident

The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident.

I have documented past problems with the construction of the ET Rover pipeline. Last week, yet another incident occurred. Rover spilled 146,000 gallons of industrial waste near the Tuscarawas River in Ohio. At least this spill does not involve as much industrial waste as the 2,000,000 gallons previously spilled in a wetland near the same river.

Click to read more ...

Thursday
Jan182018

President’s Infrastructure Proposal Delayed

President’s Trump’s campaign promise to implement massive infrastructure spending likely delayed until after the State of the Union address.

While campaigning, President Trump promised to both expedite the processes relating to federal approval of infrastructure spending and massively increase infrastructure spending. As this article confirms, the plan has been yet to be provided. Trump’s two main goals for the bill are to inject $1 trillion worth of overall investment into the nation’s infrastructure and bring down the lengthy construction permitting process to two years. White House officials told a bipartisan group of lawmakers on Capitol Hill that the proposal could now be released after Trump’s inaugural State of the Union address on January 30, 2018.

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Friday
Dec152017

State Board Attacks Snyder Enbridge Deal

The Michigan Pipeline Safety Advisory Board adopted a resolution seeking temporary closure of Enbridge Line 5 pipeline.

I recently posted about a deal made by Governor Snyder and Enbridge. 

Recently, the Michigan Pipeline Safety Advisory Board adopted a resolution seeking temporary closure of the Line 5 pipeline. A majority of the board members abstained from the vote, potentially for political reasons, but allowed the resolution to pass. 

Click to read more ...

Wednesday
Dec132017

MDOT Planning To Remove I-375 In Detroit. If History Were Different, Could A Proposal To Build It Be Challenged?

I take a run at historical fiction in light of MDOT’s plans to remove I-375 and in the process discuss necessity and public use concepts.

The Michigan Department of Transportation (MDOT) recently announced that it is proceeding with its plan to remove I-375, which is a spur from I-75 south into downtown Detroit. MDOT intends to create a surface street in its place that includes green space.

Click to read more ...

Friday
Dec012017

Beware of the Right of Way Agent

Let’s face it. Sometimes right of way agents can use questionable techniques. Here are some tactics to avoid.

I open this post with a disclaimer. All types of people can be confronted with a condemnation project. Their experience with legal processes, sophistication relating to real estate transactions or contracts, their ability to separate the emotional impact of the (very real) intrusion created by a condemnation from the applicable legal standards, and even their candor can vary widely. Perhaps some of the stories that I hear about the conduct of right of way agents are the product of misunderstanding or exaggeration. But the stories are frequent, shocking, and offensive. And many of the stories are supported by documents or my own observations.

Click to read more ...

Wednesday
Nov292017

ITC’s Expanded Coldwater Project Implicates Special Just Compensation Issues for Farmers

ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers.

This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural properties not shown in their earlier plans.

Click to read more ...

Tuesday
Nov282017

Spill in North Dakota and Explosion in Orion Township Illustrates the Differences Between the Dangers of Petroleum and Natural Pipelines

210,000 gallons of crude oil leaked from Keystone Pipeline in South Dakota threatens groundwater in the area while a pipeline explosion in OrionTownship left a huge crater.

In order to evaluate the impact of a new pipeline, it is necessary to know what type of material will be transported through it.

Click to read more ...

Monday
Nov272017

Movement on Controversial Line 5 Pipeline

Enbridge agrees to replace a portion of the line and the State is evaluating additional remedies.

The Enbridge Line 5 pipeline under the Straits of Mackinac has engendered a great deal of controversy. For example, this blog post details earlier efforts to close the line due to the fear that it could rupture due to its age, causing a tremendous impact upon the Great Lakes.

Click to read more ...

Wednesday
Nov082017

Consumers Filing Saginaw Lawsuits

Consumers Power has filed multiple lawsuits using eminent domain.

I previously wrote Consumers Energy to Reconstruct Line 2800 Pipeline, a 24" Natural Gas Pipeline describing a new pipeline being constructed by Consumers. Consumers have filed multiple lawsuits in Saginaw County exercising eminent domain to acquire rights for this pipeline.

Click to read more ...

Wednesday
Nov082017

ITC Moving North Along Macomb Orchard Trail

ITC seeking more new vegetation management easements in Washington Township.

I am currently representing 25 property owners in the Breckenridge Subdivision, houses on Yorkshire and Berkshire in Washington Township. These houses back to the Macomb Orchard Trail. I previously represented owners further south on the Trail.

Click to read more ...

Thursday
Oct122017

GORDIE HOWE BRIDGE MOVES ONE STEP CLOSER

The owners of the existing Ambassador Bridge lost one of their many arguments in Wayne County Circuit Court.

 

Click to read more ...

Friday
Oct062017

ITC CONTEMPLATING NEW PROJECT IN COLDWATER

ITC is publicizing its Coldwater Transmission Project in the vicinity of Jonesville, Newton and State Roads going north to south and Fiske Road and Michigan Ave going east to west.

Click to read more ...

Friday
Oct062017

ITC IMPLEMENTING NEW CAPITAL PROJECT IN ANN ARBOR AREA

I have been contacted by property owners from whom ITC is seeking right of way for a new transmission line project in Ann Arbor and Pittsfield Township

Click to read more ...

Friday
Oct062017

ITC CONTEMPLATING NEW PROJECT IN DEARBORN

ITC is publicizing its Mercury Transmission Project along Greenfield and Hubbard Roads in Dearborn.

Click to read more ...

Friday
Oct062017

HOW TO FIGHT CITY HALL, PART III

A resident can challenge adverse zoning amendments by demanding that the change be ratified by a referendum if sufficient signatures can be obtained on a petition.

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Monday
Oct022017

MLIVE ARTICLE ALSO DISCUSSES WEDDING BARN/AGRITOURISM CASE

Another article discusses zoning case involving Agritourism issues in Webster Township.

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Friday
Sep292017

MICHIGAN FARM BUREAU ARTICLE, INCLUDING QUOTES, DISCUSSES WEDDING BARN/AGRITOURISM CASE

This article discusses recent developments in my zoning case against Webster Township relating to use of a farm for weddings.

Click to read more ...

Tuesday
Aug292017

HOW TO FIGHT CITY HALL, PART II

To the extent that an ordinance in ambiguous, it must be interpreted in favor of the property owner.

 

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Tuesday
Aug292017

HOW TO FIGHT CITY HALL, PART 1

A city ordinance cannot give the city powers beyond those delegated to it by its citizens in its charter.

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Tuesday
Aug222017

VICTORY IN ZONING APPEAL

The Wastenaw County Circuit Court overturned an adverse decision by the Webster Township Zoning Board of Appeals, determining that seasonal barn weddings are a permitted use in the Agricultural zoning classification.

Click to read more ...

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