Condemnation & Eminent Domain

The power of "eminent domain," or "condemnation," allows governmental authorities in Michigan to take private property for public purposes, without the owner's consent.  A condemning authority must pay to the owner "just compensation" for the property taken.  

The condemnation process in Michigan can be complex.  The statutory requirements for valuing private property and commencing a condemnation lawsuit must be strictly adhered to.

Foster Swift can assist with the following:

• Selecting and retaining qualified professional appraisers, consultants and engineers
• Negotiating “just compensation”
• Representing parties in condemnation lawsuits and appeals
• Ensuring compliance with post-settlement and post-judgement construction requirements

Representative Experience

• Settlement of Complex Eminent Domain Litigation
• Obtained the Dismissal of an Eminent Domain Challenge to a Major Pipeline Construction Project
• Representation of Multi-state Apartment Development Company in Eminent Domain Cases, Dismissed
• Successful Eminent Domain Litigation

Publications & Alerts

• Condemnation Law Basics, Foster Swift Agricultural Law Update, July 2011
• Condemnation Law 101, Foster Swift Municipal Law News: MTA Edition, January 2011
• A Michigan Condemnation Law Primer, Foster Swift Construction Law News, February 2009