Michigan Condemnation


Have you received a proposal from a government agency to purchase your property or face being served with a summons and complaint in condemnation? An immediate consultation with a Michigan condemnation attorney should be arranged to review your legal options.

Condemnation is the legal process in which a governmental agency (or their appointed representatives) seizes private property for “public use”. Unfortunately, this privilege has been substantially abused thereby prompting many states to reform eminent domain statutes. Eminent Domain was originally addressed in the Fifth Amendment for federal actions, with the adaptation of the Fourteenth Amendment similar restrictions were imposed upon states. Eminent Domain itself can best be explained as the inherent power of the state to seize for any “public reason” private property, without the owner’s consent.

Many private citizens have brought forth suits to protect the rights of property owners. Furthermore, private property owners have aggressively sought to receive fair compensation for damages. Under Eminent Domain, damages actually are divided into two different categories.

Condemnation Damages:
  • Condemnation Direct damages: Represents the actual property value. This is subject to a variety of factors which are often disputed.
  • Condemnation Severance damages: Represents all other factors contributing to any potential losses incurred by property owners. This may include relocating expenses, and lost revenue attributed to a cease in business activities at a specific location. Severance damages will more than likely far exceed direct damages and are hotly contested.
  • There are several questions which you the property owner must carefully consider when facing condemnation actions.

    Here are some questions to review with a Michigan condemnation attorney:
  • Should I resist the condemnation of my property?
  • How are condemnation direct damages calculated?
  • How are condemnation severance damages determined?
  • What is fair compensation in a condemnation case?
  • What can I do to challenge a condemnation action if I want to keep my property?
  • Michigan has been the setting for some of the most contemptuous Eminent Domain & Condemnation cases. Poletown Neighborhood Council v. City of Detroit and Wayne County v. Hathcock being two of the more notable condemnation cases. Always remember that you do have rights that a Michigan condemnation attorney can protect. The law firm of Chirstopher Trainor & Associates can help protect those rights.




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