The condemnation of property by eminent domain should be permitted only in conformance with the amended State Constitution and when there is a clear need.
When the eminent domain provision is used to acquire easements, rights-of-way, leases, etc. through a farm, condemnation payments need to reflect the loss of value to the entire parcel. If property is taken for public ownership, such as for roads and bridges, the minimum payment should be two times its present value. If property is taken for private ownership, such as for shopping centers and utility uses, the minimum payment should be three times its present value.
We support:
Legislation to stop or limit developmental grants or other state, local or federal funding to entities using condemnation procedures for private ownership.
Direct and verifiable communication in plain language informing landowners of projects seeking eminent domain.
Agricultural land not ranking lower than other types of land when calculating impact statements.
A complete agricultural impact statement before productive agricultural land is condemned. The statement should evaluate all direct and indirect physical and economic impacts to agriculture.
The concept of no-net gain for state and federal ownership of land in Michigan. An environmental impact statement should be a prerequisite for any eminent domain proceeding.
Efforts to further strengthen property rights of Michigan property owners, including additional opportunities for judicial review in eminent domain takings.
Landowners having at least five years from the time of the original settlement in which to negotiate claims for damages in eminent domain cases.
Permanent easements being given to the owners of property left land-locked through land acquired by public entities and utility companies.
Michigan Farm Bureau working with public utility companies to ensure they pay fair and reasonable rental rates to landowners for easements.
We oppose:
The taking of property by the government for the purpose of development of privately-owned projects.
The ability of non-elected public or private boards, agencies, or commissions to utilize the eminent domain process.
The practice of acquiring new rights-of-way through farmland when nearby public corridors exist, such as railways, highways, power lines, and pipelines.
Property being condemned in fee title if a lesser interest will suffice. In cases where any portion of condemned land is not needed at the completion of a public project, is abandoned, or is no longer used for the purpose stated, the landowner should have the right of first refusal at the price paid by the government entity.
The use of eminent domain for solar or wind energy projects.