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Stephon B. Bagne

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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.

 

 

 

 

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Recommend Department of Agriculture Expands Protections Found in Farm Market GAAMP (Email)

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The Department of Agriculture exercised power granted by the Right to Farm Act to issue a new Farm Market Generally Accepted Agricultural Management Practices that expands preemption of local ordinances.

The Michigan Right to Farm Act, MCL 286.471 et seq, (“RTFA”) encourages agriculture.

According to MCL 286.471, “[a] farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices according to policy determined by the Michigan commission of agriculture.”  MCL 286.473 (emphasis added). The “policy” referenced in the statute are the GAAMPs, which is an acronym for the “generally accepted agricultural and management practices” language contained in the statute. Id.  According to MCL 286.474(6), “it is the express legislative intent that [the RTFA] preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act.”  “[A] local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.” Id.


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