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Eminent Domain and Condemnation

Category Archives: Michigan Eminent Domain

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Balancing Federalism and Claims of Federal Control of Private Property

Posted in Michigan Eminent Domain, National Eminent Domain, Ohio Eminent Domain
  Rick Hills and Ilya Somin, two of the most respected Property Professors in the country, raise an interesting conflict as to whether the federal courts are the proper forum for the determination of state acquisitions utilizing the power of eminent domain. Given this author, Alan Ackerman, as a Michigan and Florida practitioner, one should… Continue Reading

Ohio Trial Courts Again Deal With Rights of Entry for Nexus

Posted in Michigan Eminent Domain, Ohio Eminent Domain
Nexus desires to survey property that the company desires to acquire. There is little choice but for the oil pipeline companies to move forward unless the companies know what kind of soils will be dealt with. Challenges of environmental hazards, especially wetlands, rivers and the like, make it mandatory for the pipeline companies to assess… Continue Reading

Michigan Supreme Court Finding That Public Pension Plans Are Not A Property Right Has Important Relevance to Municipal Bankruptcy

Posted in Michigan Eminent Domain, National Eminent Domain
In the recent Michigan Supreme Court decision opposing the changes to the Michigan pension system for teachers, the Supreme Court has found that “just compensation” is not to apply. This likely will mean that in the case of a future community bankruptcy in Michigan, the pension will not be a protected property right in Federal… Continue Reading

When Is A Song A Song? Rover Reroute

Posted in Michigan Eminent Domain
  ET Rover maintains it will eliminate 110 miles of a proposed pipeline. In a recent Livingston Daily article, a local resident notes that ET Rover could still “expand their capacity” by providing a “loop” pipeline around the existing pipeline. Owners should review the original easement documents to determine limitations on pipe expansion created by… Continue Reading

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… Continue Reading

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… Continue Reading

John Mogk Provides Criticism of Kelo in Poletown

Posted in Michigan Eminent Domain, Uncategorized
Professor John Mogk of the Wayne State University Law School has provided another opinion to The Detroit News in which he claims that the article written by Jesse Hathaway regarding “Re-evaluating eminent domain” simply does not accurately reflect what is necessary for Detroit. Professor Mogk’s position is that economic development is necessary and the land… Continue Reading

Injustice Remedied: Notice of Claims in Condemnation

Posted in Michigan Eminent Domain
Lawyers Weekly Article Injustice Remedied: Notice of Claims in Condemnation   The Uniform Condemnation Procedures Act ("UCPA"), MCL 213.55(3)(a) requires condemning agencies to submit "good faith offers" to purchase before initiating lawsuits to acquire property. In these offers, agencies often fail to consider key information that should increase compensation, such as losses to the business… Continue Reading

Michigan State University Extension Offers Outline Of Property Rights Claims

Posted in Michigan Eminent Domain
Kurt H. Schindler of the Michigan State University Extension Service has provided a short and accurate outline of claims for those suffering losses of their property rights other than in eminent domain proceedings.  Mr. Shindler’s analysis covers a number of Due Process land-use issues, and is well worth reading.    MSU Extension There are many… Continue Reading

The Next Division In The Boulder Community

Posted in Michigan Eminent Domain
This blog has frequently written about the intention of the Boulder City Council to acquire the Xcel electric utility servicing the community. In its most recent foray into the acquisition, the City Council assigned its City Manager the authority to select a committee to determine the feasibility and monitor the progress of the project. How… Continue Reading

Detroit Canada Bridge to Benefit Michigan and Ohio

Posted in Michigan Eminent Domain, National Eminent Domain, Ohio Eminent Domain
  The Toledo Blade takes a somewhat different and even more positive outlook towards the Detroit International Trade Crossing/ DRIC Bridge than even the Michigan papers. The Blade recognizes the importance to Ohio of Detroit’s second international bridge crossing. It is interesting to note that the Ohio legislature passed a resolution supporting this proposed International… Continue Reading

When Taxation is Eminent Domain..Part Two, Detroit

Posted in Michigan Eminent Domain, National Eminent Domain
On January 21, 2013, this Blog wrote about a situation in which taxation may be so overburdening that the activity is effectively a taking. Small property owners have little opportunity to challenge a tax assessment. The costs, efforts and delay are so excessive that almost no residential owners challenge the City of Detroit over assessments.… Continue Reading

How to Handle a Major Spill

Posted in Michigan Eminent Domain, National Eminent Domain, Ohio Eminent Domain Spilling 200,000 gallons of crude oil is always a problem. However, one should note the quick reaction of Exxon Mobil in placing the booms to contain the oil and bringing in enough vacuum trucks to attempt a rapid and complete clean up. When utilities and oil companies want to work quickly to minimize the… Continue Reading