Eminent Domain and Condemnation in Michigan

By Christopher S. Flechsig

Owning property in the State of Michigan entitles residents to a number of privileges. However, certain governmental actions can legally affect your rights as a property owner. One such action often taken by both local and state government is condemnation. Using a power known as "eminent domain," governmental units may condemn property to further the public good. Public projects such as road-building, public utilities and large-scale commercial projects may fall under the State of Michigan's purview for condemnation. While a Michigan property owner may lose some or all of their property rights due to the State's eminent domain power, the State must compensate the owner. Compensation rates vary greatly depending on which rights are lost and the nature of the property, among other variables. However, the State must compensate the property owner pursuant to the Michigan Uniform Condemnation Procedures Act (MCL 213.51,et al). A property owner must be paid "just compensation" for the property being taken.

Recently, attorneys from O'Reilly Rancilio, P.C. were able to increase the compensation paid to a number of property owners whose property was condemned via easement rights for the installation of utilities. Working alongside their clients, O'Reilly Rancilio, P.C. attorneys brought closure to an issue which can be both emotionally and financially taxing.

If you are contacted by a public utilities company or by officials from the State of Michigan regarding condemnation of your property, an experienced attorney can make all the difference regarding what is ultimately calculated as fair and just compensation for the loss of your property rights.

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