EMINENT DOMAIN / CONDEMNATION

Business and property owners threatened by condemnation of all or part of their property for a government project hold important constitutional and statutory rights.

There are a limited number of lawyers who have substantial experience in protecting owners facing condemnation on a daily basis.

The government certainly has experience in taking property.

It is highly advisable that owners seek assistance from highly experienced condemnation counsel when faced with the taking of their property.

Your Rights

United States and Michigan Constitutions mandate that governments may not involuntarily acquire private property without providing just compensation to the owner.

Prior to condemnation, state and local governments must follow the Michigan Uniform Condemnation Procedures Act.

Property and business owners have the right to obtain qualified legal advice prior to entering into an agreement.

Not only is the owner entitled to obtain an independent appraisal and other necessary expert services, but also reasonable reimbursement of the costs and fees incurred in obtaining the appraisal and challenging the government in court.

The owner is not required to accept the government's written offer as final compensation.

If a property or business owner chooses to challenge the government's written offer, the government is required to pay its estimated just compensation up-front to the owner before taking possession of the property while the owner is free to seek additional compensation in court.

In some circumstances, an owner may also have the right to challenge the taking and keep the government from taking the property.

A successful challenge to the taking requires knowledge and application of constitutional and statutory standards as well as how Michigan courts have applied the standards.