What is Eminent Domain?
Eminent domain is an exercise of the power of state or federal government, or quasi-government agencies (such as airport authorities, highway commissions, community development agencies, and utility companies) to take private property for public use. The Fifth Amendment to the United States Constitution prohibits the federal government from taking private property for public use without just compensation. The foundation of Michigan’s eminent domain law is found in Article X, Sec. 2 of the Michigan Constitution and Michigan’s comprehensive eminent domain laws are codified at MCL §213.51 et. seq. In Michigan, “public use” does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues.
What is Inverse Condemnation?
Inverse condemnation is a form of government taking of private property. Inverse condemnation is when a private property owner’s property, while not formally taken for public use, has been damaged by a public improvement undertaking or other public activity. A private property owner also has the right to just compensation for this type of taking. An inverse condemnation suit is typically brought by the property owner against the subject government entity.
Why hire FNR?
Our firm is very experienced and well-versed in this area of real estate law. We have successfully assisted clients whose property has been condemned by the government and clients who have brought inverse condemnation suits when their private property has been ruined by a government or quasi-government project. This area of law can be very confusing, and often intimidating for property owners. You cannot rely on the condemning government agency for advice because it is their goal to acquire your property as inexpensively as possible. Our number one goal is to ensure you are fairly compensated for your damage.
Our representation begins with a thorough and comprehensive analysis of the project impacts and compensable damages. We then consult and work with our client to ensure that the best strategy is developed based on the facts of the case to maximize compensation to the client. Sometimes these matters can be settled by negotiation and sometimes these matters go to trial.
We consult with the top experts in the field of appraisal, real property, fixture and equipment appraisal, civil engineering, remediation, and business appraisal. Whether you have been served with a complaint or have any questions regarding your rights, please contact us right away.