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?
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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.
Posted by Frank Rivero on 10 May 2010