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…

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…