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
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
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
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
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
Catholic nuns who oppose Pennsylvania natural gas pipe line on religious grounds are pursuing legal proceedings to avoid eminent domain.
The nuns, who are part of the Adorers of the Blood of Christ leadership team, “have...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
Consumers will replace and partially reroute its pipeline in Saginaw, Genesee, and Oakland Counties.
Consumers Energy is joining the pipeline party. In the last year, I have represented property owners in pipeline...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
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
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
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
Wolverine appears to be staging the filing of lawsuits to secure rights from larger, commercial properties in Washtenaw County before implementing processes against residential properties in Wayne and Washtenaw...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
Has DTE withheld distribution of complete easements, including the exhibit containing the legal description of the encumbered property, in an attempt to hide the true impacts of the easements from homeowners? Last night, I...more