contact
Text Size Decrease Font SizeIncrease Font Size

Michigan Property Rights

PDF Print
Since the decision by the United States Supreme Court in Kelo v. City of New London many states across the country have taken measures to help protect the rights of private ownership.  The controversial Kelo decision held that a local government can take the private property of one person and give it to another private entity.  While the Court’s ruling was seen by many as a serious blow to citizen’s constitutionally protected rights of private property ownership, the decision prompted a number of states to initiate legislative reform to help curb eminent domain abuse.

The Castle Coalition has released a report, grading each of the states based on their efforts to protect private property owners and their rights based on changes in their respective state laws.  The Castle Coalition is the Institute for Justice's nationwide grassroots property rights activism project that teaches home and small business owners how to protect themselves and stand up to abuse by governments and developers who seek to use eminent domain to take private property for their own gain.  Stated below is the letter grade, as given by the Castle Coalition, along with a description of the changes that have occurred since Kelo v. City of New London.

Michigan Castle Coalition letter grade of

a-

The state of Michigan rates extremely high since the Kelo v. City of New London case because of the multiple steps the legislature has taken in order to protect property owners. One amendment passed was Senate Joint Resolution E, which prohibits the taking of private property for economic development or tax revenues. In addition to prohibiting the taking of private property for economic development, this resolution changed the definition of "blighted areas", and now requires the state to determine blighted property on a parcel by parcel basis. The same bill also required the state to provide “clear and convincing evidence” that a parcel indeed satisfies the definition of blight.

Several additional bills were passed, including House Bills 5818, 5819, 6638 and 6639, all of which address the condemnation process and procedure, moving expenses for individuals, and more. The state also saw a large change with House Bill 5060 and Senate Bill 639, which adjusted the language of a proposed constitutional amendment to exclude economic development from the state's definition of “public use”.

Summary

Michigan has an extremely high rating because of an abundance of positive legislation reform that has passed since the landmark case of Kelo v. City of New London, which has helped the property owner in multiple ways. Not only was the definition of blighted tightened, the definition now includes evaluation on a parcel by parcel basis. Click to visit the Michigan Legislature page to read about House Bill 5060, just one of the several bills that have been passed recently.

 

E-Mail Us For A Free Consultation

Name

Phone

E-Mail Address

Best Time To Call

Message

Enter Code

Search

Testimonials

" ...It is so refreshing to know a law office that does what it says it will do...you are truly an expert in this field and I am greatful..."

- Jerald Lang, Marshfield, WI

 

"You treated us better than family! [You] came right to our home and went to Madison for us, you were the best!  [The] DOT was so smart when they were here; you showed them that the little guy can be right and got us a nice chunk of money!....Thank you so much!"

- John & Pat Schmalz, Menasha, WI

 

"Biersdorf & Associates has an ingrain[ed] desire to help people!"

- Hal Lafleur,  Riverdale, UT

 

"You did more than anyone else ever tried to do for us and no words can truly explain what that means to us."

-Karla Ortiz, Des Plaines, IL

 

"I can unequivocally claim that we have been very pleased with the work that your law firm has performed on our behalf. Our only regret is that we did not contact your firm sooner..."

- Chris Pehaski, Stevens Point, WI

 

"...Thank You. It is a small thing compared to what you did for me, I still am amazed at your generosity."

-Rhonda Spears

 

"[Biersdorf & Associates] knowledge and experience in the condemnation process stood out."

-Patrick Dowd, White Bear Lake, MN

 

"Dan listened to me; some of the attorney's I have spoken to around my state do all the talking, but do not hear what we are saying."

- Theresa Cornell, Milton, WV

 

"[I was] very satisfied. [We] got more money than the DOT offered. [It was] great working with Biersdorf & Associates."

- Roland Thomas, Lowman, NY

Connect With Us

LinkedIn_gradienttwitterYouTube

 

Location of Central Office:

33 South 6th Street, Suite 4100
Minneapolis, MN 55402

Toll Free: 1-866-339-7242
Phone: 612-339-7242
Fax: 612-339-0585
E-Mail: info@condemnation-law.com


©2010 Biersdorf & Associates
Disclaimer
*Click here for a full explanation of our fee structure
Law Firm Website by The Modern Firm