|Case Forum:||Michigan Supreme Court|
|Keywords:||eminent domain, public purpose test, Poletown, taking, airport|
Thomas C. Phillips | Clifford T. Flood | Jaclyn Shoshana Levine |
An entity fitting the definition of a public corporation or state agency as defined in MCL 213.22 has the authority to take private property if the property being taken is (1) for a public improvement, or (2) for the purposes of the public corporation or state agency’s incorporation, or (3) for public purposes within the scope of the public corporation or state agency’s powers. No matter which one of these three circumstances forms the basis for the public corporation or state agency’s taking, the property must be taken for the use or benefit of the public, and must be necessary for that use or benefit. When taking private property under one or more of these three
We conclude that, although these condemnations are authorized by MCL 213.23, they do not pass constitutional muster under art 10, § 2 of our 1963 constitution. Section 2 permits the exercise of the power of eminent domain only for a “public use.” In this case, Wayne County intends to transfer the condemned properties to private parties in a manner wholly inconsistent with the common understanding of “public use” at the time our Constitution was ratified. Therefore, we reverse the judgment of the Court of Appeals and remand the case to the Wayne Circuit Court for entry of summary disposition in defendants’ favor.
|MSC requested LDF amicus brief?||No|
In the 1990s, Plaintiff Wayne County made plans to expand Detroit Metropolitan Wayne County Airport (“Detroit Metro”). In order to mitigate the effects of expanding Detroit Metro, including increased noise, the Federal Aviation Administration provided Wayne County with funds to purchase property adjacent to this new area of development “conditioned