Eminent Domain Lawyer & Attorney : Ackerman Ackerman & Dynkowski : Michigan, Ohio, Illinois

Crain’s Detroit Business, March 21, 2008

The Wayne County Airport Authority board delayed a vote Thursday on a controversial $3.6 billion, 20-year master improvement plan for Detroit Metropolitan Airport.

Eminent domain would likely be required to complete the expansion. About 800 residences would need to be demolished, including apartment buildings and single-family homes, to make way for the runway.

-The meaning of the delay and uncertainty will only create a blighting influence, both emotionally and physically, to the areas businesses and residents. It will be tough to transact business or sell a business or a residential parcel when one knows there is a condemnation just down the road.

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Airport Business, December 27, 2007

Faced with the possibility of losing state money for land acquisition at the airport, the Oceana County Board has approved a resolution authorizing the acquisition by Eminent Domain if necessary.

A local consultant, in airport acquisitions, commented that cases usually settle through negotiation.

While airport development always sounds attractive, one has to wonder whether, on a purely cost and benefit basis, this project makes sense. There are a number of decent airports within a half hour drive.

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Post-Tribune, August 5, 2007

Northwest Indiana is a prime piece of the national shipping puzzle.

A 3,000 acre parcel in LaPorte County is the potential site future site for a huge transportation hub.  The site is close to nearly all major interstates in Northwest Indiana.  

If the property owners of the tract do not respond soon to offers, eminent domain maybe used to kick them off their property.  Governments have the power to force private property owners to sell their land for the public use or for private use where there's a substantial public benefit.

-The location is a prime example of the highest and best use assembled by the government.  There is a reasonable argument that maintains that the government is the only source to assemble, but there is also an argument that part of the special value of the location should be for the benefit of the owners.

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Frederick News Post, August 2, 2007

The city of Frederick is pursuing the use of condemnation of a local farm so it can expand the airport.  

The city council voted unanimously to take the farm property.

According to city documents the farm has been appraised for $2.8 million.

The city council believes firmly that it is the right step to take the property.

-This article presents an underlying theme in condemning authorities that simply if you assess, especially a low assessment, that is the fair market value for the property.

Airport takings frequently offer issues of what is the correct highest and best use for the property.

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NWI.com, July 13, 2007

The Gary/Chicago International Airport approved making a $1.6 million court deposit to secure a key stretch of land west of the main runway.  

The deposit is part of condemnation proceedings the airport initiated last year.

The authority board also approved paying the moving costs of a business located there and clean up costs. 

-Gary/Chicago International Airport will be a key foundation of redevelopment in the area. However, this is not to be a building block for one to the detriment of only the owners. Airport acquisitions are always specific and far more complicated than what first meets the eye. 

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NWA Online, June 21, 2007

Airport commissioners recommended Tuesday the City Council begin condemnation proceedings against a property owner near the Springdale Municipal Airport. 

Buying the land will allow the airport to clear trees on the property that are both an obstruction to aircraft and a hazard because of the birds they gather.

-There is a great advantage to property ownership near an airport. The proximity to air traffic and a decent road system may dramatically increase the value of the property. However, when one is near an airport, one suffers the grave risk of being taken by the next airport expansion.

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The Lansing State Journal, May 13, 2007

Abut 200 people attended an April 30 forum in which Mead & hunt employees presented their final studies for the airport relocation.  The two proposed plans for Fitch H. Beach Municipal Airport are as follows. 

• A north/south expansion at the airport's current location requires rerouting, closing or adding a traffict tunnel to Island Highway, a primary county road.  Cost is estimated between $38 million and $63.5 million.
• A relocation of the airport to Eaton Township would involve purchasing 15 homes and occupying 360 acres of farmland.  An estimated cost is $35.5 million.  

The expansion would extend the runway from 3,500 feet to 5,000 feet.

-This is illustrative of how difficult it is to place an airport. Charlotte desires to move to a "regional" program, but faces the conflict of being less than 30 miles from the recently enlarged Lansing Capital City Airport. Being between Battle Creek and Lansing on I-69 makes it difficult to come to a final decision as to not only what to build but where to build it.

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