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 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
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
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
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
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
ET Rover’s pipeline construction activities in Ohio for the same pipeline that is being built in Lenawee and Washtenaw Counties in Michigan result in multiple environmental and other violations, leaving some to believe that...more
ITC’s filing of numerous condemnation lawsuits was the subject of press coverage by the Macomb Daily and WXYZ Television.
I have discussed my representation of a large ownership group being impacted by ITC’s takings that...more
Rover has initiated one mass filing against all property owners in the United States District Court, Eastern District of Michigan.
Rover Pipeline has been acquiring property rights in Washtenaw and Lenawee Counties....more
ITC has filed multiple condemnations in Macomb County Circuit Court seeking expanded vegetation management easements.
I previously detailed ITC issuing good faith offers as a prelude to filling new condemnations seeking...more
ITC is seeking expanded vegetation management rights from property owners in Washington Township.
ITC has issued numerous good faith offers to property owners in Washington Township. The offers, which are being received...more
Notwithstanding Maroun Court of Claims lawsuit attacking propriety of the Gordie Howe Bridge Project, the MDOT has filed dozens of new condemnations including against Maroun entities.
On Friday, I posted a blog...more
In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge.
As I have previously noted, greater flexibility...more
Companies controlled by Mannie Maroun, who owns the Ambassador Bridge, have filed a lawsuit seeking to block MDOT condemnations to acquire property for the Gordie Howe Bridge.
Mannie Maroun has spent years attempting to...more
The Road Commission for Oakland County has filed two new condemnations for its Baldwin Road Project north of I-75.
The Road Commission for Oakland County (“RCOC”) is proceeding with right-of-way acquisitions along...more
ITC is seeking expanded vegetation management rights from property owners in Washington Township.
I was recently contacted by a property owner who received a good faith offer from ITC. The good faith offer seeks expanded...more
ITC has filed a series of lawsuits in Wayne County Circuit Court seeking to expand its vegetation management rights on residential properties in Taylor and Dearborn.
I have been retained or I am in the process of being...more
The standards contained in the Uniform Condemnation Procedures Act allow greater flexibility to trial judges when evaluating the necessity of a pipeline taking than other takings.
Since initially writing this post, as a...more
New legislation has been enacted overruling the Waisanen v. Superior Township case that allowed adverse possession claims against municipal property owners.
In this blog post, I described the decision in Waisanen v....more
Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more
For the last several years, municipalities have been slow to engage in new projects that require the use of eminent domain due to budgetary restrictions. However, with the upturn in the economy that is resulting in new...more