Michigan Eminent Domain Attorneys

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain & Condemnation Attorneys – Michigan

At Sever Walker Padgitt, our mission is to hold condemners, whether they be state, federal, local, utility, or any other entity vested with the power of eminent domain, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.

When you need support, advice, or legal expertise regarding your eminent domain case in Michigan, the attorneys at Sever Walker Padgitt are ready to serve you. Every condemnation case is important to us. Whether it’s a small residential taking or a large retail space, we’ll help you get the justice you deserve.

What Is Eminent Domain Law In Michigan?

When the government or another condemner takes private property away from a landowner to use for a public project, it is known as eminent domain. The exercise of this power is traditionally limited to acquisitions for a “public use,” and while the large majority of eminent domain actions in Michigan and in other states are for publicly owned and operated projects like roads and highways, in some instances the “public use” may be privately owned–e.g. redevelopment projects, pipelines, and powerlines. Condemnors cannot merely take land, however, and are required under the U.S. Constitution to provide “just compensation” to the landowner in exchange for this property.

What Should Landowners Do After Receiving An Eminent Domain Notice In Michigan?

Prior to Michigan condemners initiating litigation against landowners for their property, they must notify the landowner of the impending litigation and issue an offer of compensation on the property. Most landowners are caught off guard when they receive an eminent domain notice or offer. Even if the government has been planning to take the land for years, you may only have a few months, if that, to take action.

Though it’s easy to feel overwhelmed and helpless in this situation, a skilled and qualified eminent domain attorney should be able to look out for your best interests and walk you through every step of your case–or simply handle it themselves. Be sure to contact an attorney quickly after receiving an offer to get expert advice and learn more about your rights as a landowner.

If you decide to reject the government’s compensation offer, think first before issuing a counteroffer or negotiating on your own. What you may think is a good deal could be far from it. Your eminent domain lawyer should have the experience and knowledge necessary to fight for your rights. Let them handle the negotiations to get the best possible outcome.

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

Frequently Asked Questions

Landowners in Michigan are entitled to “just compensation” in exchange for their land. But what does this term mean, exactly?

According to law, just compensation is a monetary amount equal to the fair market value of the property. If it is a partial acquisition, this fair market value includes any and all damages the acquisition may cause to the remaining property. But many landowners do not get the compensation they deserve and end up accepting the initial offer from the government. A skilled eminent domain lawyer should be able to identify any and all deficient aspects of a compensation offer issued by a condemner and assist the landowner in getting every last dollar he or she is entitled to under the law.

If you are forced to relocate your home or business, you are entitled to compensation for the cost of relocation. Known as relocation benefits, these funds should be offered in addition to compensation for the land. Yet many condemners underestimate relocation costs and do not give landowners the full amount they deserve. A skilled eminent domain attorney in Michigan can ensure you get the full relocation benefits that are rightfully yours.

Though it may seem as if the government has endless power when it comes to eminent domain in Michigan, there are limits to their rights. Condemners are legally required to offer compensation in exchange for the land prior to initiating eminent domain proceedings, provide some justification for the offer (usually through an appraisal or appraisal summary), and the condemnor may only ultimately take the property through eminent domain if the acquisition is for a “public use.”

Eminent domain cases in Michigan can significantly vary in their timeline. While some cases may be resolved in just a few months, others could take up to a year or more from the time the condemnor initiates eminent domain proceedings. Other factors influencing the timeline include the type of land being taken and the difference in opinion in compensation between the landowner and condemnor.
Learn More

It is very challenging to completely stop an eminent domain action in Michigan. Condemnors are vested with significant power and authority, and as long as they follow the law and procedure in taking property, they will be successful in physically acquiring the property, regardless of a landowner’s objections. It is certainly possible to stop a taking–and Sever Walker Padgitt has accomplished this before–but it requires that a condemnor violate pre-condemnation procedure or that the condemnor is acquiring property for a non-”public use.” 99% of the time, the argument at condemnation, or prior to, will be over compensation. And unlike stopping the taking, the fight for just compensation is a much fairer one.

Meet Our Team

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At Sever Walker Padgitt, we pride ourselves on the expertise and dedication of our team. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You

Sever Walker Padgitt is committed to protecting the rights of landowners in Michigan. If you’ve received an eminent domain offer, don’t hesitate to reach out to our team of experienced attorneys. We’ve helped landowners all over the country get the compensation, relocation benefits, and fair treatment they deserve in their eminent domain case. Empower yourself by knowing your rights in this situation. Get in touch with our team today.

Contact Us

Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761

* Disclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.