Category: Publications

Principles Of Compensation

This is the first of a two part series dealing with parking lots and just compensation process for parking lots acquired through a governmental agency’s use of eminent domain. Principles of “just compensation” and basic valuation are discussed in the first of these articles. The second article will include discussions of the concepts of “highest and best use” and the valuation determination for “partial takings”.

Click here to read more

Valuation Of Leaseholds In Condemnation Actions

The valuation of leasehold interests in condemnation actions presents some unique issues that will be addressed in this article. It is the settled law in Michigan that a: leasehold interest constitutes ‘property’ and just compensation must be made therefor upon a taking. City of Detroit v Whalings, Inc, 43 Mich App 1, 8; 202 NW2d 816 (1972)(citing Lookholder v State Highway Commissioner, 354 Mich 28 (1958).

Click here to read more.

Injustice Remedied: Notice of Claims in Condemnation

The Uniform Condemnation Procedures Act (“UCPA”), MCL 213.55(3)(a) requires condemning agencies to submit “good faith offers” to purchase before initiating lawsuits to acquire property. In these offers, agencies often fail to consider key information that should increase compensation, such as losses to the business or remainder of the property. In 1996, legislation placed a heavy burden on owners to correct the agencies’ omissions of such information.  If owners could not produce detailed writings explaining additional claims by strict statutory deadlines, the claims were barred.  Because business losses, partial taking and other just compensation issues are difficult to calculate in the prescribed period, many owners never received compensation they justly deserved. To create a more level field, the 2006 amendment to the statute and Court of Appeals opinion has restored fairness to this process.

Click here to read more.

Principles of Compensation For the Taking of Gasoline Petroleum Station Operations

This article will discuss basic issues of the valuation for gasoline stations taken by governmental agencies as part of an eminent domain proceeding. After speaking about some of the general principles, issues specifically related to gasoline stations, including the effect on a partial taking of an individual station where the effect of the taking of a gasoline station is part of a multi-location gas station operation will be discussed.

Click here to read more.