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
Detroit Land Bank Program converts occupants into the owners of foreclosed or otherwise abandoned properties.
Fair is fair. This blog often points out abuses of property owners by government agencies and utilities. But it...more
ITC is continuing its program of expanding existing vegetation management rights in Livonia.
ITC is moving its vegetation management program into new territory. I have represented property owners from whom ITC obtained...more
The Supreme Court of the United States applied a multi-factor test to rule that a regulation prohibiting construction on an undersized lot contiguous to a second lot under common ownership was not a taking.
In the broadest...more
6/26/2017
/ Common Ownership ,
Fifth Amendment ,
Just Compensation ,
Land Parcels ,
Murr v Wisconsin ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
SCOTUS ,
Takings Clause ,
Zoning Laws
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
President Trump declared an “Infrastructure Week” but did not accompany it with specific actions to increase infrastructure expenditures.
President Trump campaigned on promises to increase infrastructure spending. If this...more
During the course of constructing its new pipeline, ET Rover suffered two spills releasing 2 million gallons of drilling fluid into wetlands in Ohio.
The landscape of America is crisscrossed by millions of linear feet of...more
The United States Department of Transportation has published an interactive national map attempting to identify the levels of aviation and road noise.
Noise from transportation related activities can be a major problem....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
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
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
Democrat John Dingle and Republican David Trott had introduced legislation mandating federal study on the safety on the Enbridge Line 5 Pipeline and requiring its closure if the study determines it is not safe.
There is...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 Michigan Legislature addressed lack of clarity in dower rights caused by the United States Supreme Court’s recognition of same sex marriage by eliminating it altogether.
Generally speaking, dower rights allow a widow...more
In light of successful lobbying relating to the Dakota Access Pipeline, activists may now focus on closing or rerouting the aging Line 5 pipeline connecting the Upper and Lower Peninsulas.
There has been a tremendous...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
A pipeline explosion in Shelby, Alabama killing one worker and sending five to the hospital.
While there may be thousands of miles of pipelines throughout the country, accidents involving them are unfortunately too...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
A natural gas pipeline in New Mexico exploded, killing 10 people and leaving 86’ x 46’ x 20’ crater.
Natural gas pipelines are dangerous. There are a litany of incidents demonstrating this danger, most recently in New...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