Property ownership carries legal protections, yet agencies may seek land for projects that serve a public use. That process is called condemnation, and it flows from eminent domain authority under constitutional and statutory rules. Government condemnation can affect a full
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Federal Eminent Domain Procedures
In federal condemnation actions, federal rules and principles generally control, despite a significant crossover with condemnations in the state courts. United States v. Miller, 317 U.S. 369 (1943). The procedural framework for federal condemnations is set by Rule 71.1, formerly
Brokers Beware: Are Brokers Owed a Commission when Property is Condemned Through Eminent Domain?
Written by Alan Ackerman
A ChatGPT search indicates that a broker forfeits the right to a fee when the listed property is acquired through eminent domain. Typically, brokers are paid when deals “close.” The statement in Shaw v Avenue D Stores,
Energy Reliability, the Changing Energy Infrastructure, and the Use of Eminent Domain
Below is an article our firm released in the September 2025 issue of Latches, the Oakland County Bar Association’s official publication. The Oakland County Bar website can be accessed here: www.ocba.org.
Utilities in Michigan are moving forward
Condemnation of Property Left Without Value or Utility: Total Takings Under Remnant Property Statutes
Written by Robert Kuhn and Alan Ackerman
A central issue going to both the valuation of damages and the extent of a taking in eminent domain cases is whether the government or utility is required to take an entire
Top Scoring Student Paper for Eminent Domain Class – Tent Wickenheiser, “Unjust Compensation”
In the winter of 2025, Alan Ackerman, Hon. Matthew Ackerman, and Robert Kuhn taught a class on eminent domain and property rights at the Michigan State University College of Law. The class reviewed many of the preeminent cases and continued
The Marquette Board of Light and Power Continues Forward with New Transmission Line Project in Marquette County
Written by Robert Kuhn and Alan Ackerman
The Marquette Board of Light and Power (“MBLP”) is continuing forward with its new electric transmission line project, titled the “Second Interconnection Project,” in Marquette County. The project will require the taking
Acquisition Agents and the Good Faith Offer Requirement for Condemnation Projects
Written by Robert Kuhn and Alan Ackerman
Condemning agencies contemplating the use of eminent domain at times hire third-party acquisition agents to purchase properties ahead of an incoming infrastructure project without the provision of written good faith offers. This
Key Takeaways from ITC Easement Offers in Mid-Michigan Transmission Line Project
Written by Robert Kuhn and Alan Ackerman
The International Transmission Line (“ITC”) and its subsidiary, the Michigan Electric Transmission Company, LLC (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range Transmission Line project
My Farewell to Ackerman & Ackerman
Last month, I had the incredible honor of being elected to the Michigan Court of Appeals. While I am thrilled to begin this new chapter as a judge, leaving my dream job at Ackerman & Ackerman—and the chance to work