In Sheetz v El Dorado, California, SCOTUS Expanded Exaction Claims
The Supreme Court applied the exaction test, which limits conditions placed on obtaining zoning approval, to both legislative and administrative permit conditions.
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View from the Other Side: Partial Taking Eminent Domain Tips from an Owners’ Attorney
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Evaluating the Highest and Best Use of Real Estate in Condemnation Cases
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Unique Issues Relating to Case Evaluation in Formal Condemnation Cases
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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.
The Supreme Court applied the exaction test, which limits conditions placed on obtaining zoning approval, to both legislative and administrative permit conditions.
The United States Supreme Court allows property owners to pursue claims attributable to flooding of their properties caused by a dam built to protect a hurricane evacuation route.
I will be leading roundtable sessions at ICSC’s April 18 Conference.
ICSC is a leading trade group representing a wide variety of property owners, retailers, and professionals who support them that are involved in retail shopping centers. I will be presenting at a roundtable at its April 18, 2024 Continuing Education Program in Novi. The presentation will provide a quick overview of eminent domain procedures and focus on just compensation issues that can impact retail locations but are often missed by agency appraisers. I have participated in these events in the past. If you are attending, please attend my roundtable or introduce yourself during the program.
A substantial increase in just compensation occurred after the County’s appraiser failed to understand or analyze the substantive issues in the case and illustrates why the Uniform Condemnation Procedures Act entitles owners to commission independent appraisals at the agency’s expense.
Northern Michigan airport agrees to pay almost 15 times their offer to settle after I won all the pretrial motions.
Consumers will be condemning property south of Grayling for the Skyline High Voltage Distribution Project.
A recent New York Times article asks this question rhetorically when discussing repurposing right of way, but the literal question implicates property rights.
METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.
METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.
This recent opinion conforms federal law to a recent Michigan opinion.
Governments cannot attach unreasonable conditions to permit requests.
Defending an eminent domain acquisition is rarely “expensive” for property owners, notwithstanding an assertion to the contrary by a UM Regent.
The ruling upholds a victory by Clark Hill and the Texas Public Policy Foundation.
Spoiler Alert, I don’t know, but it is interesting to contemplate.
ITC is planning 18 transmission projects as part of the Long-Range Transmission Plan.
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.
A proposed high-voltage transmission line is vigorously opposed by impacted local residents.
Substantial revisions were made to a sidewalk easement to address the business concerns of a large, well-known retailer on a major street, plus added just compensation was paid.
A recent article advocates the use of existing legislation to expand the electrical grid to facilitate greater use of renewable energy, which, if implemented, will require use of eminent domain.
Consistent low flying aircraft can result in a taking of private property, in violation of the Constitution.