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Category Archives: Michigan Eminent Domain

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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
http://www.nytimes.com/2013/03/31/us/oil-pipeline-ruptures-in-arkansas.html?_r=0 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

Ann Arbor Recognizes the Importance of Storm Water Control

Posted in Michigan Eminent Domain, National Eminent Domain
It is interesting that so many flooding blogs are provided in this week’s articles. However, Ann Arbor recognizes the problems of towns such as Columbus, Nebraska and Delaware County, Indiana. The Washtenaw County Drain Commission is attempting to aggressively protect owners’ rights by modifying the storm water retention process around Ann Arbor. http://www.a2gov.org/government/publicservices/systems_planning/waterresources/Pages/UpperMallett’sCreekStudy.aspx The Upper … Continue Reading

Dearborn Museum To Discuss Eminent Domain History and its Effects

Posted in Michigan Eminent Domain
The Arab-American National Museum in Dearborn, Michigan will be hosting a program entitled "Place Unmaking: Voices from Detroit Communities" scheduled for February 21, 2013 at 6:30 p.m. The program should offer an interesting and informative discussion and perspective of some very devisive public redevelopment and urban renewal projects. http://www.woodtv.com/dpp/news/michigan/ap_michigan/Panel-to-discuss-community-displacement-in-Detroit_68683393 #mfl .bigad .content {overflow:visible}   Panel … Continue Reading

Bertrand Farm Takes on Pipeline Challenge

Posted in Michigan Eminent Domain
  Bertrand Farm, a non-profit teaching farm, is facing the Enbridge pipeline construction in the Niles, Michigan area.   This is anything but a simple situation. The pipeline has a direct affect on activity wherever the pipeline traverses. Although not responding to the ABC TV request for comment, one would hope that Enbridge will treat … Continue Reading

M-231 Cases Are Filed

Posted in Michigan Eminent Domain
M-231 properties north of the River have now been acquired. The Michigan DOT is now moving forward to file Condemnation Complaints in order to obtain possession of the properties between M-45 and the River in Robinson Township, Michigan. There are number of extremely aggrieved participants in this process. At the "Show Cause" Hearing scheduled in March, … Continue Reading

Seven Years to Complete the International Bridge Crossing?

Posted in Michigan Eminent Domain, National Eminent Domain
 The notion that the new International Bridge Crossing will take seven years to complete (with an explanation of even when acquisitions will occur) presents interesting questions. Are PR agents already out there, telling people that it will be year two when their properties will be acquired? Will owners have a longer time to move businesses … Continue Reading