Publications

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…

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…

Owners of gas storage operations throughout the country continually face the harsh reality of condemnation. This issue resonates in the natural gas and oil communities as the government tries to…

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…

As eminent domain and condemnation proceedings become an increasingly prominent developmental tool, more private businesses are being forced to deal with the legal, financial and logistical ramifications of such actions….

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…

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…

The calculation of damages is of greater relevance with the recognition that damages must be paid when there are temporary takings. This article will cover the early Supreme Court precedent,…