On September 28, 2004, the United States Supreme Court granted a property owner’s application for leave from a Connecticut Supreme Court decision upholding the constitutionality of the community’s taking of…
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This article describes the historical standard for challenges to the necessity of eminent domain takings, the effects of the 1963 Michigan Constitution on necessity challenges, application of necessity standards pursuant…
In going all the way to the United States Supreme Court, Kelo v. City of New London brought eminent domain issues into the national spotlight. Because eminent domain cases present…
In federal condemnation actions, federal substantive and procedural laws, as opposed to state law, are controlling. Federal condemnations are currently controlled by Rule 71.1, formerly FRCP 71A, of the Federal…
