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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WYTV, January 16, 2008

Township officials say developers have already bought the land at the old Ramada Inn on Belmont Avenue for an unspecified project that may bring in major retailers.

But township officials say the project is too important for Liberty to give up on. Pat Ungaro, Liberty Twp. Administrator says a compromise between the developer and the owner is close to being made, but if it's not worked out, the township is prepared to use eminent domain to push the project through.

-The safety needs of a community will outweigh the individual detriment to an owner. However, the future taking should not bar the owner from being fairly treated.

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thetimesherald.com, November 20,2007

Mike Connell recently posed a Q and A in his article to address, in his opinion, possible issues with the Blue Water Bridge expansion. However some of the questions and answers are flawed. For example, Mr. Connell quotes the MDOT as stating that owners are better off selling the property because they obtain 125% of their own value. The problem is that the offer may be far less than 100% of the value. The 125% applies to the total amount paid, whether by settlement or trial or a simple deed. Mr. Connell forgets the rights of individual owners can be protected.

The intent of the article is to show that the government will take the property, and the owners have no rights to challenge the amounts.  Further it appears from the article owners should simply succumb to the governmental desires.  This is simply wrong!

There is no question about public use for the International Bridge, nor is there a question that we must secure our borders. However, there is still the requirement of "just compensation" in both the Michigan and United States Constitution.

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Monroe News, September 22, 2007

The old real estate maxim is proving itself once again - this time when it comes to installing an oil pipeline.

Although some property owners don't want any kind of expanded oil pipeline running through their yards, others are okay with it - sort of.

Ms. Fox said the company still is committed to working openly with people.

-The real problem is the pipeline right of way agents are negotiating either knowingly or negligently proceeding. This is becuase there is a very specific legal process in Michigan which requires that an appraisal or statement of value be provided to an owner prior to negotiation and purchase. The oil company agents are violating a condemnation procedure intended to protect owner’s whose properties may be take for public use in this State! I understand the process may be different in Oklahoma, but that does not mean the lack of knowledge of our fair procedure should bar owners of their rights.

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Michigan Citizens for Water Conservation v. Nestle Waters of America, Inc, 479 Mich. ----; --- NW2d ---- , is a case in which both the majority and dissent have arrived at a logical decision making approach premised upon the underlying public policy that legislation is to be read purely for and restricted to its writing versus the legislative intent. What needs to be done for this legislation to be read in the broader sense than environmental policies are to be protected and all of the public has the right to such protection is that legislation should simply state that. All that is needed is something along the lines of: "Individuals have a right to seek relief under this Act", then the issue would be moot. However, even without such language, one can read the present legislation as contemplating individuals, even those indirectly affected, have a right to seek the environmental protections of the Act.

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Monroe Evening News, January 18, 2007

When property owners in Monroe Michigan found out about a proposed Marathon Petroleum pipeline they understood that pipelines are a fact of life, but that doesn't mean they have to like it.

Marathon has been laying the groundwork for installing a new pipeline through Monroe County.   The pipeline would bring crude oil from Canada to the transfer station in Detroit.

The new line would be wider by 24 inches.

-Pipelines often have different attributes. Some are gas, while others are oil or gasoline.
Each pipeline has a different effect on the property. The environmental considerations are of paramount import. Affects on the property may occur in any of a number of ways.

The pipeline companies can be challenged. Despite a pipeline agent telling people that it will be very expensive for them, in many jurisdictions, the agency is required to pay the expert fees of the owners even as part of a settlement or litigation. The Marathon pipeline discussed in the Monroe Evening News will be particularly challenging for owners.

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