National Eminent Domain

National Eminent Domain

Eminent Domain and Condemnation

David Calles Receives an Eagle Award from Owners’ Counsel

Posted in Uncategorized




Professor Callies has been an outstanding professor at the University of Hawaii Law School for a number of years. An outstanding thinker on property law and property rights, the Award has clearly been provided to a deserving person. Professor Callies brings far greater honor to the Owners Council of America than the Award brings to him. His understanding of the property rights and the right of ownership in property being of paramount import serves a basic underpinning of an understanding of our Republic.

David Callies, a 1968 graduate of the University of Michigan Law School, has received the Owners Council of America Eagle Award.

A prolific writer, Callies has authored or co-authored 20 books and over eighty articles on topics relating to real property law, takings law, and land use and development in both the United States and Asia. In 2007, his book Taking Land: Compulsory Purchase and Land Use Regulation in the Asia-Pacific (with Kotaka) (U.H. Press, 2002) was republished in Japanese. Additionally, his book, Land Use Controls in the United States is published in both Japanese and Chinese. He authored the article “Takings, Physical and Regulatory,” addressing the use of U.S. property law precedents by Hong Kong’s highest court that was published in a special 2007 edition of the Asia Pacific Law Journal to commemorate the 10th anniversary of Hong Kong’s establishment as a special administrative region of China.


Mackinac City Moves Forward with Eminent Domain

Posted in Michigan Eminent Domain, National Eminent Domain

After years of bickering with local property owner(s), the City of Mackinac is now attempting to acquire the “coal dock” property by eminent domain. This is something which will effect far more than a simple individual property in the community.


The City of Mackinac Island has filed a lawsuit in 11th Circuit Court against Union Terminal Piers, requesting financial information on the company’s Coal Dock, which the city wants to purchase or take by eminent domain. Mayor Margaret Doud authorized city attorney Tom Evashevski to file the lawsuit Tuesday, February 3, and announced it to the city council Wednesday, February 4. 

Nexus is Not Rover

Posted in Michigan Eminent Domain, National Eminent Domain


Attached is the Nexus Gas Transmission Project Overview Map, Timing and Regulatory Process Information.

The Nexus line will terminate at Willow Run. This is because there is another line which traverses from Willow Run through other lines into Sarnia, Ontario.

At this time, the plan contemplates the filing of an application seeking FERC approval in November, 2015.

In November, 2016, agents of Nexus stated that they expect the approval from FERC. If received, the work will begin in late 2017. In other words, the project is about two years away.

Also attached is a copy of the EIS pre-filing environmental review process, with where the process is. The open house required for the EIS pre-filing environmental review process is circled.

The issue is not whether this project will work. Rather, it is a question of whether FERC will find that there is an excess capacity and therefore no need for FERC approval of an application. Realistically, one can suspect the Rover pipeline, and its contemplated use of the under-utilized Embridge pipeline is premised, at least in part, upon the fact that the Rover pipeline only needed to travel to Ypsilanti, Michigan and not through the more densely populated Detroit or Detroit suburban areas.

Unfortunately, this blogger stated that it was the Rover pipeline for which a meeting was being held in Adrian, Michigan on February 17, 2015. Rather, it was for the proposed Nexus pipeline that was going through the application process.

There was a large attendance at the meeting. Literally hundreds of homeowners and farmers will be effected by this pipeline project. While there is a live breath offer as to where the pipeline will be, clearly those owners who would receive notice are potentially in the path of the pipeline.




Michigan Public Radio Covers Rover Gas Line Extension

Posted in Uncategorized


Michigan Public Radio, always on top of truly important local issues, has covered much of the various gas line proposals between Nexus, Rover, and Spectra. The article, taken off of one of the radio piece, discusses the problems with FERC in its “rubber stamp” approach, but does not deal with the issue of whether pipelines are really a necessary part of our national mineral rights policy. This issue is a close issue, and not subject to simple up or down responses. This blog only confirms that a simple response to the situation, if there is one, does not necessarily exist. FERC should be looking at all the alternatives, and then make reasoned decisions based upon what it learns.



Paul Gierosky isn’t what you might expect in an anti-pipeline activist. He’s a businessman. He and his wife Elizabeth have been renovating their dream home in fast-growing Medina County, in northeast Ohio, for the past two years. Sitting among the trees, it’s got the feel of an upscale cabin, with wood-beamed ceilings and large windows.

“And we wanted to be able to see the land, because it’s so beautiful. So really from every room you can see outside and see the property,” says Elizabeth Gierosky.

St. Louis Going the Wrong Way?

Posted in National Eminent Domain

The St. Louis Council has approved a proposed major project which would allegedly save 3,000 jobs in St. Louis. In reading the article, one is excited that St. Louis is worried about economic development, but concerned that there is no real blight that is being eradicated.

This concern is exacerbated by she final comment that if the National Geospatial-Intelligence Agency does not move to the area, there will be enough for someone else who wants to “grab” the property to move forward with a project.

St. Louis is taking a real risk here. One cannot be convinced that it is going the right way when it takes on a “if come” project like this.

The project should keep Mr. Denlow busy for a few years….

Should the National Geospatial Intelligence Agency not choose the site for its new location, Alderwoman Hubbard said the property will be ready for another development.

“There can be nothing but growth. Some of the issue with developers, when they come to the city, is that they don’t have enough acreage there to really do anything. And so this will be a site that’s ready to go.”


What is the “Larger Parcel”?

Posted in National Eminent Domain


Brad Kuhn of the Nossaman firm provided an interesting analysis of what is the “larger parcel” in California actions.

Along with the recent Nossaman Business Advisor article, attached is an almost thirty year old article on remainder damages in Michigan. This is because Michigan follows the “unity of use” to the fullest extent. In the Michigan article is the precedent and many other jurisdictions.

Clearly, California remains one of the harshest jurisdictions in its limitation of partial taking effects when property is separated or of different title. However, this does not diminish the accuracy nor clarity of the Brad Kuhn article.

And compare to Michigan and the majority of jurisdictions:

“Just Compensation and Remainder Damage”


ET Rover Route Change Results In Happy Landowners

Posted in Uncategorized

There are hundreds of happy people in Michigan today, knowing that the ET Rover project will not impinge upon their properties.  For the past year, owners have been complaining that the ET  Rover project is ambiguous and confusing in terms of route selection.  Today’s announcement that ET Rover will share existing pipelines through Oakland, Macomb and St. Clair counties comes  as a relief to those individuals who thought they would be saddled with the new pipeline.  Many landowners in Lenawee and Washtenaw County are still facing the possibility of having a pipeline placed on their properties.  Attached is the article published on Monday evening by the Detroit Free Press. What an exciting time for so many who were near losing much of the use of their respective properties.

A large natural-gas transmission pipeline proposed for construction through southeast Michigan will now impact far fewer counties.

A deal with an existing pipeline operator means the ET Rover pipeline will no longer be built in Oakland, Macomb, St. Clair, Genesee, Shiawassee and Lapeer counties, Rover Pipeline announced Monday.



Las Cruces Reconsiders its Water Company Acquisition

Posted in National Eminent Domain

Due to the potential for antitrust and costly eminent domain proceeding,  Las Cruces, New Mexico now recognized the problems that it has created by seeking to destroy the Moongate water company water franchise. Originally, the community voted to acquire the water company. The fifteen year  franchise ended in 2003  Even after termination, the franchise maintained a value and the community thought that it woiuld simply acquire the property  with a de minimus payment simply was not about to happen.  The antitrust and Eminent domain clauses of the Constitution are simply overwhelming impediments.  This is similar to the Genesee County involvement in the case of Lake Park Village Association v  Lake Park Water Company, Michigan Court of Appeals No. 297580, decided May 26, 2011.

The Michigan decision:

The Las Cruces article:


Payment of Compensation for Fracking Bans

Posted in National Eminent Domain

In New York, many of the local jurisdictions are seeking fracking bans under their police power, claiming that there is a safety issue involved.

If a clear police power basis is involved, it is unlikely that compensation will occur. Yet, individuals had purchased property with the assumption that the property may maintain mineral rights which should have a future value.

Given this, the New York State House Representative Tom Reed has introduced legislation which would allow for reimbursement.

This issue will be playing out in a very substantial manner in many states where fracking has the potential to generate new energy source production.

The way that House Representative Tom Reed sees it, the state’s decision to ban fracking has deprived some Southern Tier property owners from realizing the full potential of their land. And he’s said that the state should compensate those landowners for the money they could have made by leasing their land to drilling companies.



Nexus Announces Michigan Meetings

Posted in Michigan Eminent Domain, Ohio Eminent Domain

The Nexus high pressure gas pipeline proposes a route traversing Northern Ohio through Michigan. The proposed gas line will be constructed in 2017 according to the Nexus plans.

Nexus has faced substantial opposition in Ohio from the local communities. However, it is for the Federal Energy Regulatory Commission to decide whether the project receives a permit required to proceed.

The Michigan meetings are now set. Those Michigan meetings will be held at the Adrian Tobias Center in Adrian, Michigan on February 17, 2015, from 5:00 to 7:30 p.m., and at Lincoln High School in Ypsilanti, Michigan on February 18, 2015, from 5:00 to 7:30 p.m. Those affected property owners will be informed of the proposed route and the proposed future procedure. Objections may be placed in the public record at that time, although it is for the FERC to decide the validity and import of the objections.