In my last blog, I wrote about the shortcomings of compensating displaced property owners based on the ‘objective’ standard of the market value of their property. That standard ignores the owners’ ‘subjective’ losses, such as their sentimental attachments to the property or its community, and it also ignores many out-of-pocket expenses that property owners
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When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation
When we take on an eminent domain case, our primary goal is to put our client in the best position possible. In some cases, that means fighting the taking itself, as my dad (and boss) did in the well-known Wayne County v. Hathcock case, which established a new precedent for what constitutes a “public use”…
In cases involving partial takings of easements, just compensation must be based on the condemnor’s maximum possible use of the easement, even if that use is theoretical or unlikely
Our office routinely handles utility takings, which often involve partial takings of easements for transmission lines or pipelines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is likely to become increasingly common. Although these takings may serve a public purpose, they…
Today, in Tyler v. Hennepin County, the Supreme Court will hear a case on a local government committing what I can only describe as ‘home-equity theft.’ Hopefully it follows Michigan’s lead and rules that it is unconstitutional.
In 2020, the Supreme Court of Michigan heard a case with outrageous facts. Uri Rafaeli, who purchased a home in 2011 for $60,000, was short $8.41 (plus $2.26 in interest and fees) in property taxes. As a result, Oakland County foreclosed on the home and sold it at auction to a third party for $24,500. …
Chat GPT’s Response to “What Does It Mean When the Supreme Court Says Just Compensation Is ‘Self-Executing?'”
As Matthew wrote in his blog this morning, on Thursday, we are presenting with Steve Davis on “What does it mean when the Supreme Court says just compensation is ‘self-executing?’” at the ALI CLE Eminent Domain and Land Valuation Litigation conference in Austin, Texas. There has been a lot of hoopla about Chat GPT lately,…
Chat GPT’s Response to “What Does It Mean When the Supreme Court Says Just Compensation Is ‘Self-Executing?'”
As Matthew wrote in his blog this morning, on Thursday, we are presenting with Steve Davis on “What does it mean when the Supreme Court says just compensation is ‘self-executing?’” at the ALI CLE Eminent Domain and Land Valuation Litigation conference in Austin, Texas. There has been a lot of hoopla about Chat GPT lately,…
What Does It Mean When the Supreme Court Says that Just Compensation Is “Self-Executing?”
This Thursday (February 2), my dad and I have the privilege of presenting with Steve Davis of True North Law, LLC at the ALI CLE Eminent Domain and Land Valuation Litigation conference in Austin, Texas. Our topic: “What does it mean when the Supreme Court says that just compensation is ‘self-executing?’”
The topic is interesting…
Some Sound Advice
Some Sound Advice
If you receive a written notice of taking, or if you even hear a rumor that your property may be taken or condemned, remember these few basic rules:
- Do not discuss the value of the property with anyone without first consulting with counsel.
- Do not attempt to value your property without the
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A Historical Perspective of the Uniform Relocation Act
Alan and Matthew recently co-authored an article in the September 2022 issue of ALI CLE‘s The Practical Real Estate Lawyer. In the article, they describe the historical context of the Uniform Relocation Act, including the history of compensation for relocation expenses for condemned business owners and the impact of urban renewal projects. Alan and…
A Historical Perspective of the Uniform Relocation Act
Alan and Matthew recently co-authored an article in the September 2022 issue of ALI CLE‘s The Practical Real Estate Lawyer. In the article, they describe the historical context of the Uniform Relocation Act, including the history of compensation for relocation expenses for condemned business owners and the impact of urban renewal projects. Alan and…