Can the Government Really Take my Land?
The answer is yes. Under the United States and Michigan Constitutions, federal, state and local governments, including cities, villages, townships, counties, and certain other public and private bodies, have the power of “eminent domain,” also known as the “power of condemnation.”
This broad power is subject to a few important limitations. First, the government must pay “just compensation” for any property it takes. Just compensation often means the fair market value of the property, which may be based on the highest and most profitable use for which the property is adapted. This is true even if the property is not currently used for that purpose.
In addition, the government may only “take” private property for a public purpose. Until recently, the government had the power to take private property for a private purpose. A landmark 1981 Michigan Supreme Court decision called Poletown permitted the government to take private property, and then turn it over to another private property for purposes of economic development. Recently, the Michigan Supreme Court reversed the Poletown case. The recent ruling is an important victory for property owners who object to the governmental taking of their land, only to see the government transfer the property to another private party to build a private project the government deems economically worthy. The U.S. Supreme Court will be addressing a number of condemnation cases in its new term.
Prior to beginning the condemnation process, the government must provide the property owner with a “good faith” offer in writing. This offer cannot be for less money than the government’s appraised value of the property. If the property owner agrees with the good faith offer, or if an acceptable price can be negotiated, the process would proceed as a normal real estate sales transaction. However, if the parties cannot agree to a sales price, the government has the power to file a lawsuit to take the property, with just compensation being determined through a trial.
Other issues that arise during a condemnation process include costs of relocating, the rights of a tenant who is leasing property that is condemned, issues that are specific to commercial and industrial properties and environmental issues.
Going through a condemnation proceeding can be an emotional experience. The attorneys at Visser & Bolhouse have handled numerous condemnation matters on behalf of individuals whose property has been taken. Some of the better-known matters we have been involved in include the South Beltline project and Millennium Park. We would be pleased to meet with you to discuss any questions or concerns you might have regarding a potential condemnation of your property.
Joel Baar, a partner since 2006, joined Bolhouse, Vander Hulst, Risko, Baar & Lefere, P.C. in 2003 and concentrates his practice in the areas of Real Estate, Civil Litigation, Business and Employment Law and Municipal Law.







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