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?
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.