Alan and Matthew recently co-authored an article in the September 2022 issue of ALI CLE‘s The Practical Real Estate Lawyer. In the article, they describe the historical context of the…
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At a time when the State of Michigan is planning or moving forward on several high-profile construction or public works projects, the issue of eminent domain is once again in…
The retention of an expert requires certain basic tenets, and if any are broken it is likely that the viability of a condemnation just compensation claim will be destroyed. Condemnation…
What part of the Constitution limits the power of eminent domain? The obvious answer is the Takings Clause of the Fifth Amendment, which states “nor shall private property be taken…
As private companies and government agencies engage in a continued push to make needed infrastructure upgrades and improvements, eminent domain and condemnation remain hot-button issues. No matter how well intended,…
The right to just compensation, when the government acquires property through eminent domain, is enshrined in the Bill of Rights and all state constitutions. However, courts struggle to define how…
This is the second part of a two-part series dealing with the valuation of surface parking lots acquired through a governmental agency’s power of eminent domain. Parking lots acquired through…
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…
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…
Going concern value, goodwill, lost business profits and other related items, when taken in an eminent domain expropriation, have traditionally been treated as non-compensable by our judiciary. Legislation in some…
