|Case Forum:||Michigan Supreme Court|
|Keywords:||Uniform Condemnation Procedures Act, condemnation, "just compensation" taking|
William J. Danhof | Jeffrey S. Aronoff | Miller, Canfield, Paddock and Stone, P.L.C. | 150 W Jefferson Rd Suite 2500 | Detroit, MI 48226
1. Michigan Association of Counties (MAC)
The doctrine of eminent domain, i.e,, the power of the government to take private property for a public use for just compensation, is firmly established in both the federal and state constitutions. The power of eminent domain has been reserved in all Michigan constitutions dating back to the earliest days of statehood. The UCPA sets out the procedures governing the exercise of eminent domain. The UCPA cannot, however, lower the constitutional minimum of “just compensation” as understood at the time of the ratification of the 1963 constitution.
To be required to award “general effects” damages to landowners in partial takings cases would have considerable impact upon government’s financial ability to condemn property for public purposes and would fly in the face of established procedures for determining “just compensation” as established by the 1963 constitution.
In an opinion by Justice YOUNG, joined by Chief Justice TAYLOR and Justices CORRIGAN and MARKMAN, the Supreme Court held:
|MSC requested LDF amicus brief?||No|
The Michigan Department of Transportation (MDOT) brought an action under the Uniform Condemnation Procedures Act, MCL 213.51 el seq., in the Kent Circuit Court against Rodney and Darcy Tomkins, seeking to take a small strip of their land for use in a county road overpass to be constructed above a new state highway. The parties agreed that the strip of land