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Certain steps should be taken in commercial leases eminent domain provisions regardless of whether they are negotiated from the perspective of the landlord or tenant.
I am perhaps unique in Michigan in that I have handled hundreds of cases both in eminent domain and relating to commercial leases. That experience includes both drafting eminent domain provision language for landlords and tenants or representing both in condemnation cases.
Eminent domain provisions are often lacking. This stems from three basic problems.