Michigan Eminent Domain Attorneys

At Sever Walker Padgitt, our mission is to hold condemnors—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 eminent domain support, advice, or legal expertise, our eminent domain attorneys 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.

Sever Walker Padgitt proudly serves property owners in Detroit, Ann Arbor, Lansing, Grand Rapids, and every Michigan city in between.

What Is Eminent Domain Law In Michigan?

When the government or another condemnor 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”. The vast majority of eminent domain actions in Michigan and other states involve publicly owned and operated projects, such as service buildings like police and fire stations, as well as roads and highways.

Landmark Michigan cases like Poletown Neighborhood Council v. City of Detroit (1981) have granted eminent domain power for private development that provides substantial economic and community growth benefits. This allows for some instances of “public use,” such as redevelopment projects, pipelines, and utilities, to be privately initiated. However, cases like County of Wayne v. Hathcock (2004) have helped clarify what does and does not constitute public use and pushed back against the misuse of eminent domain.

Whatever the purpose of the project, condemnors cannot merely take land and are required under the U.S. Constitution to provide “just compensation” to the landowner in exchange for this property.

Before Michigan condemnors initiate litigation against landowners for their property, they must notify the landowner 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.

If you get an eminent domain notice, be sure to take the following steps:

What Is the Condemnation Litigation Process in Michigan?

If just compensation negotiations don’t result in a positive resolution, eminent domain proceedings can be taken to the circuit court.

In the state of Michigan, condemnors are required to send property owners several types of legal documents, including a Complaint, Order for Hearing with a set date, Statement of Necessity, and a Declaration of Taking, which discloses the full amount of money offered.

After these documents have been delivered, the property owner may file a motion for further review.

At the hearing, the time and terms of surrender, including payment, will be established. If these are rejected, there will be additional mediation, and a trial date will be established. Cases that go to litigation will be heard and resolved by a jury.

Depending on the number of steps and details of the case, this process can take a significant amount of time.

What Are Michigan-Specific Eminent Domain Requirements?

Eminent domain law in Michigan is governed by the Uniform Condemnation Procedures Act (UCPA). This includes a specific definition of what constitutes just compensation and a framework for calculating fair market value. It also protects the rights of businesses and homeowners by providing extended compensation inclusions, such as attorney fees and damages, and requires that the base compensation be at least 125% of the property’s fair market value.