The federal government has been delegated authority to exercise eminent domain to acquire both real and personal property, including the right to take immediate possession of that property, through the Stafford Act, which...more
In Knick v Scott, SCOTUS overruled precedent requiring property owners asserting takings by state or local government to exhaust state court remedies before seeking relief in the federal courts....more
7/1/2019
/ 42 U.S.C. §1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
In a published decision, the Court of Appeals dismissed a condemnation for lack of jurisdiction because the agency failed to make a proper good faith offer that included all owners.
This week, the Michigan Court of Appeals...more
The ET Rover Pipeline through Michigan, Ohio, West Virginia, and Pennsylvania suffers yet another environmental accident.
I have documented past problems with the construction of the ET Rover pipeline. Last week, yet...more
President’s Trump’s campaign promise to implement massive infrastructure spending likely delayed until after the State of the Union address.
While campaigning, President Trump promised to both expedite the processes...more
Recently, the Michigan Pipeline Safety Advisory Board adopted a resolution seeking temporary closure of the Line 5 pipeline. A majority of the board members abstained from the vote, potentially for political reasons, but...more
I take a run at historical fiction in light of MDOT’s plans to remove I-375 and in the process discuss necessity and public use concepts.
The Michigan Department of Transportation (MDOT) recently announced that it is...more
Let’s face it. Sometimes right of way agents can be sleazy. Here are some tactics to avoid.
I open this post with a disclaimer. All types of people can be confronted with a condemnation project. Their experience with legal...more
ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers.
This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural...more
210,000 gallons of crude oil leaked from Keystone Pipeline in South Dakota threatens groundwater in the area while a pipeline explosion in OrionTownship left a huge crater.
In order to evaluate the impact of a new...more
Enbridge agrees to replace a portion of the line and the State is evaluating additional remedies.
The Enbridge Line 5 pipeline under the Straits of Mackinac has engendered a great deal of controversy....more
Consumers Power has filed multiple lawsuits using eminent domain.
I previously wrote Consumers Energy to Reconstruct Line 2800 Pipeline, a 24" Natural Gas Pipeline describing a new pipeline being constructed by Consumers....more
ITC seeking more new vegetation management easements in Washington Township.
I am currently representing 25 property owners in the Breckenridge Subdivision, houses on Yorkshire and Berkshire in Washington Township. These...more
The owners of the existing Ambassador Bridge lost one of their many arguments in Wayne County Circuit Court.
The owners of the Ambassador Bridge, entities controlled by the Maroun family, have raised many objections to the...more
ITC is publicizing its Coldwater Transmission Project in the vicinity of Jonesville, Newton and State Roads going north to south and Fiske Road and Michigan Ave going east to west.
ITC’s website identifies new projects...more
I have been contacted by property owners from whom ITC is seeking right of way for a new transmission line project in Ann Arbor and Pittsfield Township
ITC’s website identifies new projects that it is contemplating. One...more
ITC is publicizing its Mercury Transmission Project along Greenfield and Hubbard Roads in Dearborn.
ITC’s website identifies new projects that it is contemplating. One of those projects is identified as the Mercury...more
A resident can challenge adverse zoning amendments by demanding that the change be ratified by a referendum if sufficient signatures can be obtained on a petition.
A resident has a remedy if a municipality implements a...more
To the extent that an ordinance in ambiguous, it must be interpreted in favor of the property owner.
I recently overturned an adverse decision against a client by the Webster Township Zoning Board of Appeals. In that...more
A city ordinance cannot give the city powers beyond those delegated to it by its citizens in its charter.
I recently obtained an injunction against the City of Royal Oak preventing it from compelling property owners to pay...more
The Wastenaw County Circuit Court overturned an adverse decision by the Webster Township Zoning Board of Appeals, determining that seasonal barn weddings are a permitted use in the Agricultural zoning classification.
I...more
President Trump issued a new executive order that seeks to streamline the Environmental Review and Streamlining Process.
Most local infrastructure projects that ultimately involve the use of eminent domain depend upon...more
DTE has announced plans to convert coal plants into a new natural gas plant, potentially requiring eminent domain.
This Free Press article describes a new natural gas plant plan for St. Clair County. DTE intends for this...more
As I have described in many past blog posts, ITC is engaging in a systematic campaign to increase its vegetation management rights throughout its entire Michigan transmission line system. I have handled the majority of the...more
My colleague Kenneth Lane and I have been retained by a significant group of homeowners in Royal Oak. The City sent letters demanding that the property owners either install or pay for the City to install sidewalks in front...more