Experienced Attorneys Handling Pipeline Acquisitions
The right to exercise the power of eminent domain is not strictly limited to the government. The federal government can also authorize utility companies to use this power, taking private property for public use. For example, energy companies routinely use condemnation powers to install pipelines over privately owned lands for the transport of natural gas, oil, and other substances.
At Kupelian Ormond & Magy, P.C., our attorneys protect the rights and interests of Michigan property owners. If you have been approached by a utility company regarding the acquisition of your property for pipeline installation, contact our offices today.
Protecting the Rights of Property Owners in Michigan
Private utility companies and private property owners are free to negotiate arms-length transactions in which the utility is granted extensive property rights. However, pipeline companies often seek to voluntarily acquire more rights than they are legally entitled to involuntarily take through condemnation. Property owners frequently surrender substantially more than they are required to provide — and they are not fully compensated for this additional taking. In addition, private property owners often do not understand the impact of the proposed pipeline acquisition on the rest of their remaining property.
We can effectively protect your rights and interests. We have handled a wide range of cases involving the acquisition of land for pipelines. In many cases, we are able to significantly increase the compensation that our clients receive, while simultaneously significantly decreasing the scope of the rights surrendered.
For examples of our work, please see the following three case studies based upon situations we have actually handled:
- Improved Residential Property: A utility company sought to obtain an easement across property that included a home and farm land. The easement rights sought by the utility company would have allowed it to demolish the property owner’s house at any time in the future without paying additional compensation. The company offered only $11,348 as just compensation. KOM contested the taking and retained an expert appraiser. The case settled for $63,652 and the utility company rewrote the easement to protect the owner’s home.
- Improved Industrial Property: A utility company offered $222,000 to acquire an easement across industrially zoned property improved with multiple buildings. The easement would have allowed the utility company to add more pipelines in the future and use the entire property as an access point. KOM negotiated a settlement of $353,167. KOM also rewrote the easement to prevent future pipelines from being added and to limit the agency’s access rights.
- Large Acreage Development Property: A utility company sought to obtain an easement and submitted a good faith offer based on the current agricultural use of the land. The easement also included significant setbacks that could have restricted development of the property. After KOM was retained, the compensation was increased from $25,165 to $60,000 and the setback from the easement was cut in half.
If you have been approached by a utility company seeking to exercise the powers of eminent domain, please contact us for an appointment. We provide initial consultations at no charge, to help you determine whether or not you have been given a fair offer for your property. We also provide legal representation based on the traditional contingency fee arrangement recognized in condemnation law. In most cases, an owner’s attorney fees and expert appraisal expenses are reimbursed by the condemning agency. Contact us today.