Legal Opinion

Department of Transportation v. Frankenlust Lutheran Congregation

Michigan Court of Appeals

Decided March 31, 2006No. Docket Nos. 257206, 257225PublishedCited by 11 opinions

1Opinion of the CourtHoekstra, J.

In this action to determine just compensation for property condemned under the provisions of the Uniform Condemnation Frocedures Act (UCEA), MCL 213.51 et seq., we are asked to decide whether, and to what extent, the parties may present evidence of precondemnation and postcondemnation property valuations at the compensation trial. We hold that a con demning authority is not bound by precondemnation statements and offers of just compensation, and thus may obtain and introduce at trial a different valuation, but if the condemning authority relies on a lower valuation of the property at trial,…

2Cases cited19 opinions

  1. Bailey v. United StatesSupreme Court of the United States · 1995
  2. Sun Valley Foods Co. v. WardMichigan Supreme Court · 1999
  3. Gladych v. New Family Homes, IncMichigan Supreme Court · 2003
  4. Chmielewski v. Xermac, IncMichigan Supreme Court · 1998
  5. Silver Creek Drain District v. Extrusions Division, IncMichigan Supreme Court · 2003

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3Cited by11 opinions

  1. Lenawee County v. WagleyMichigan Court of Appeals · 2013
  2. Campbell v. Department of Human ServicesMichigan Court of Appeals · 2009
  3. City of Detroit v. DETROIT PLAZA LTD. PARTNERSHIPMichigan Court of Appeals · 2007
  4. Department of Transportation v. GillingMichigan Court of Appeals · 2010
  5. Bd of Cnty Rd Commrs for Cnty of Washtenaw v. Mildred ShankleMichigan Court of Appeals · 2019

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