Find Lawyers in Michigan, United States for Eminent Domain and Condemnation Law
Nikole L. Canute’s areas of practice include: labor and employment law, employment litigation, energy litigation, civil litigation, fraud investigation and litigation and securities litigation. She is very skilled in handling employment investigations, electronic discovery and matters involving computer forensic investigations. Nikole also specializes in energy matters, including condemnation. Her experience includes working with local municipal authorities and law enforcement during pr...
William A. Horn received his bachelor's degree with honors from the University of Wisconsin and graduated cum laude from the University of Wisconsin Law School. Bill specializes in environmental, oil and gas, eminent domain, water and riparian rights, land use and public utility law, as well as civil and administrative litigation, and has been representing and counseling private and public sector clients in these areas since 1982. In addition to having served as an adjunct professor for a law...
Ron Reynolds has a diverse business and litigation practice which includes counseling clients on business, employment and real estate issues, as well as litigating real property, employment, business and commercial matters. He has substantive experience in trial courts, appellate courts and arbitration venues, and has been appointed both a facilitator and an arbitrator in complex commercial and real property law cases. He also serves in a "general counsel" capacity for several small businesses.
Peter Webster focuses his practice in the areas of Real Estate Litigation, Eminent Domain, and Commercial & Business Litigation. Mr. Webster has represented landowners and developers, governmental authorities, utility, transmission, and pipeline companies, educational entities and others in matters involving acquisitions, easements and rights of way condemnation under eminent domain, permit and development rights and the protection of property rights. Mr. Webster’s practice also foc...
Matt is a member of the Environmental and Energy Practice Groups. A significant portion of Matt’s practice involves representation of municipalities and private developers in regard to water law matters, including: the permitting, operation and expansion of water supply/treatment/distribution systems and wastewater collection and treatment systems; sewer use ordinance drafting and enforcement including industrial pretreatment programs; stormwater management including ordinance drafting,...
Eminent Domain and Condemnation Law Definition
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
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