What constitutes eminent domain abuse?

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Question:

A county in Michigan condemned my three properties to build a business and technology park project and then transferred the properties to private entities.  Can I claim that it engaged in eminent domain abuse?

Answer:

Yes.  Michigan courts have held that the eminent domain authority serves a public necessity unless the landowner challenging the condemnation proves "fraud, error of law, or abuse of discretion."  In order to be valid, a condemnation pursued via the power of eminent domain also has to be for the benefit or use of the public.  Under Article 10, section 2 of Michigan's Constitution, private property cannot be condemned for public use without just compensation.  This ensures that the state does not transfer condemned property to private parties for a private use.  The condemnation of your properties for the erection of a business and technology park whose owners are private parties does not serve the public good and are therefore an abuse of the eminent domain authority.

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