In a case that could redefine the power of Michigan governments to take property development projects, the state Supreme Court is revisiting its landmark 1981 decision that allowed the clearing…
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Despite appeal, judge’s ruling in the Ice Mountain case has created the possibility of trampling private-property considerations and punishing job creators. It’s crucial for the future of our state to…
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…
In the seminal case of Gibbons v. Ogden,1 the Supreme Court established that Congress’ power to regulate interstate commerce under Article I, Section 8 of the Constitution2 embraced the power…
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…
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…
Property owners who lose a portion of their land in condemnation proceedings no longer have to endure the paradox of finding themselves worse off than if the entire parcel had…
