Property ownership carries legal protections, yet agencies may seek land for projects that serve a public use. That process is called condemnation, and it flows from eminent domain authority under constitutional and statutory rules. Government condemnation can affect a full parcel, a portion of land, or a property right such as an easement.
Because those
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Federal Eminent Domain Procedures
In federal condemnation actions, federal rules and principles generally control, despite a significant crossover with condemnations in the state courts. United States v. Miller, 317 U.S. 369 (1943). The procedural framework for federal condemnations is set by Rule 71.1, formerly FRCP 71A, of the Federal Rules of Civil Procedure.
Before the promulgation of Fed.R.Civ.P. 71.1,…
Brokers Beware: Are Brokers Owed a Commission when Property is Condemned Through Eminent Domain?
Written by Alan Ackerman
A ChatGPT search indicates that a broker forfeits the right to a fee when the listed property is acquired through eminent domain. Typically, brokers are paid when deals “close.” The statement in Shaw v Avenue D Stores, 115 N.Y.S. 2d 194 (N.Y. Sup. Ct. Kings Cnty. 1952) is often cited for the…
Energy Reliability, the Changing Energy Infrastructure, and the Use of Eminent Domain
Below is an article our firm released in the September 2025 issue of Latches, the Oakland County Bar Association’s official publication. The Oakland County Bar website can be accessed here: www.ocba.org.
Utilities in Michigan are moving forward with ambitious plans to expand the state’s transmission line network significantly. Not only does this…
Condemnation of Property Left Without Value or Utility: Total Takings Under Remnant Property Statutes
A central issue going to both the valuation of damages and the extent of a taking in eminent domain cases is whether the government or utility is required to take an entire parcel, beyond just a portion that may be required for the relevant project. This often arises in the context of an attempted partial…
Top Scoring Student Paper for Eminent Domain Class – Tent Wickenheiser, “Unjust Compensation”
In the winter of 2025, Alan Ackerman, Hon. Matthew Ackerman, and Robert Kuhn taught a class on eminent domain and property rights at the Michigan State University College of Law. The class reviewed many of the preeminent cases and continued controversies in the field of takings law, exploring developments in constitutional jurisprudence over the country’s…
The Marquette Board of Light and Power Continues Forward with New Transmission Line Project in Marquette County
The Marquette Board of Light and Power (“MBLP”) is continuing forward with its new electric transmission line project, titled the “Second Interconnection Project,” in Marquette County. The project will require the taking of new easements and the condemnation of private property to expand MBLP’s current transmission line network. The proposed line will start at a…
Acquisition Agents and the Good Faith Offer Requirement for Condemnation Projects
Condemning agencies contemplating the use of eminent domain at times hire third-party acquisition agents to purchase properties ahead of an incoming infrastructure project without the provision of written good faith offers. This practice presents concerns. Under Michigan’s Uniform Condemnation Procedures Act (“UCPA”), a written good faith offer generally includes a real estate appraisal and provides…
ITC Easement Offers for Mid-Michigan Transmission Line Project
The International Transmission Line (“ITC”), and its subsidiary, the Michigan Electric Transmission Company, LLC, (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range Transmission Line project in Gratiot, Ionia, Clinton, Eaton, Calhoun, and Branch counties.
Acquisition agents contracted by the ITC are now approaching property owners to purchase easements…
My Farewell to Ackerman & Ackerman
Last month, I had the incredible honor of being elected to the Michigan Court of Appeals. While I am thrilled to begin this new chapter as a judge, leaving my dream job at Ackerman & Ackerman—and the chance to work alongside my dad every day—is bittersweet. As I prepare to move on, I want to…