A land easement grants a third party the right to use a portion of private property for a specific purpose. These easements are common when utilities, roads, or other infrastructure require access across private land.
When easements are imposed or property owners are asked to grant an easement, concerns often arise regarding compensation, land use, and future property rights.
Understanding Land Easement
A land easement is a legal agreement that allows one party to use part of a property for a specific purpose without owning the land. There are different types of easements, including utility easements, access easements, and conservation easements.
Utility easements, for example, allow utility companies to install and maintain power lines, pipelines, or sewer systems across private land. Access easements grant others the right to use a portion of land to reach their property, such as a shared driveway or pathway.
At Ackerman & Ackerman, we focus on representing property owners in eminent domain or condemnation proceedings to protect their rights when easements are taken or expanded. We do not draft, modify, or enforce private easement agreements. Our role is to protect property owners when a condemning agency or utility seeks to acquire an easement or other property right for public use.
Land easements can be voluntary, where the property owner agrees in exchange for compensation, or involuntary, when an easement is imposed by a government entity or utility company through eminent domain. In all cases, property owners must understand their rights and the potential impacts on their land. Easements can affect property value, land use, and future development plans, so receiving fair compensation for the land used is critical.
When an easement is taken through eminent domain, the property owner is entitled to just compensation. This includes not only the fair market value of the property rights taken but also any severance damages to the remaining property.
Michigan law requires condemning agencies to pay the difference between (1) the market value of the entire parcel before the taking and (2) the market value of what remains after the taking. Under the “one recovery rule,” property owners must receive the full measure of damages for all possible uses of the easement rights acquired, even if the condemning authority does not immediately plan to use those rights.
A central feature of a land easement is that the property owner retains ownership while granting the easement holder the right to use the land for specified purposes. Depending on the type of easement, the owner may retain control over the land for other uses or face restrictions limiting its use. When an easement is obtained through condemnation, these restrictions can significantly affect the property’s market value and future use, making expert legal representation essential.
How We Can Help with Land Easement
At Ackerman & Ackerman, we represent property owners facing easement takings through eminent domain or condemnation. Our attorneys have extensive experience negotiating with government agencies, public utilities, and other condemning authorities to obtain full and fair compensation.
We assist property owners in evaluating the impact of an easement taking, determining the resulting loss in property value. Our approach focuses exclusively on condemnation-related easements, not private easement disputes or real estate transactions. When a condemning authority seeks to acquire an easement, we work to protect your rights and maximize compensation under Michigan law. We attempt to limit the extent and effects of the taking as much as possible.
Why Choose Ackerman & Ackerman?
Ackerman & Ackerman has over 90 years of experience in eminent domain and condemnation law and have represented hundreds of owners facing electric transmission, gas pipeline, and gas storage acquisitions. We do not represent condemning agencies, only property owners. Our team combines legal knowledge of eminent domain law with decades of courtroom and negotiation experience to defend the rights of Michigan landowners.
Get in touch with us here to protect your rights and ensure you are fairly compensated.