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
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
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 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
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
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
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
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
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