|Case Forum:||Michigan Supreme Court|
|Keywords:||condemnation, interest, just compensation, possession, Real property, easement|
Peter H. Webster | Dickinson Wright, PLLC | 2600 W Big Beaver Road Suite 300 | Troy, Michigan 48084 | 248-433-7513 | [email protected]
1. Michigan Association of Counties (MAC)
Counsel argues that when MCL 213.65 is applied to the facts at hand, it is clear that the lower courts erred in awarding additional statutory interest on the just compensation award. In condemnation cases, interest must be authorized by statute. MCL 213.65 describes the calculation process of interest in an award of just compensation, however there is an exception that “an owner remaining in possession after the date that the complaint is filed waives the interest for the period of possession.” The Appellees possessed the property destroyed by the County’s easement following the filing of the complaint, the County merely possessed an easement over the air rights. Therefore, although Appellees had a right to the just compensation awarded to them, they had no right to any interest.
On order of the Court, the application for leave to appeal the May 21, 2013 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
On order of the Court, the motion for reconsideration of this Court’s November 25, 2013 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.
|MSC requested LDF amicus brief?||No|
Lenawee County owns and operates the Lenawee County Airport . approximately 4 years before this case was filed, Defendants purchased a house which shared a fence with the Airport. As part of a project to increase the length of the runway from approximately 4,000 to 5,000 feet, the existing runway was moved 532 feet further away from