Monthly Archives: April 2017

Lege Trend. Attorney Fee Awards Green Light with interesting exception.

State: Michigan

Bill language from Michigan: 

 SEC. 6. IF A COURT DETERMINES THAT GOVERNMENT ACTION BY A DEPARTMENT OR AGENCY RESULTED IN A CONSTITUTIONAL TAKING OF PRIVATE REAL PROPERTY AND THAT THE DEPARTMENT OR AGENCY DID NOT COMPLY WITH SECTION 4 IN REGARD TO THE REAL PROPERTY, THE COURT SHALL ORDER THE DEPARTMENT OR AGENCY TO PAY THE PRIVATE REAL PROPERTY OWNER FOR HIS OR HER REASONABLE ATTORNEY FEES AND COSTS. THIS SECTION DOES NOT APPLY IF THE GOVERNMENT ACTION WAS AN IMMEDIATE…

Eminent Domain Compromise. Public Need Permit with Citizen Appeal.

The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:

  • requires a 2 step permit process
    • Permit #1 is environmental and for the length of the entire pipeline
    • Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
  • the permits can be appealed by citizens when the permits are granted

Savannah Morning News | Georgia lawmakers pass compromise pipeline bill