ITC Moving North Along Macomb Orchard Trail

Clark Hill PLC
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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 houses back to the Macomb Orchard Trail. I previously represented owners further south on the Trail. 

ITC is now sending a right of way acquisition company, NSI, to make offers to property owners to the north of the Breckenridge Subdivision along the Trail. There is absolutely no reason for property owners to deal with NSI. For example, in the Breckenridge Subdivision, NSI asked owners (who often referred to the tactics as involving high pressure) into signing easements for payments of around $1,000. When ITC had the properties appraised, ITC’s offers were up to $29,000 with about half over $20,000 and most of the rest over $10,000. Some were as low as $500 dollars if the easement barely ticked their properties but for the most part, people were offered many times what NSI had offered. We are now seeking more money above those offers. 

Right of way agents like NSI try to pick the low hanging fruit. But it is ITC’s appraisal and not an offer from NSI that is the starting point for negotiations. 

There is absolutely no reason to communicate or negotiate with NSI. Property owners should await receipt of a good faith offer and are best served by hiring counsel at this point in the process. 

This post describes general issues that property owners should review when addressing an ITC taking.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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