1981 Precedent-Setting ''Poletown'' Eminent Domain Decision Struck Down; Participating Attorney Available to Comment.TROY, Mich. -- Nationally recognized eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in attorney Alan Ackerman is available to comment on Friday's unanimous reversal of the "Poletown" decision, a controversial and oft-cited 1981 decision that is largely viewed as the catalyst for eminent domain abuses across the country. Mr. Ackerman was the lead attorney who had argued for the overturn of Poletown in conjunction with another eminent domain case before the Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices, who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot. (Wayne County Wayne County is the name of sixteen counties in the United States of America, some named for the American Revolutionary War general Anthony Wayne:
n. A mark (´) indicating: a. that a vowel is close or tense, as é in French été. b. that a vowel or syllable has a high or rising pitch, as in Chinese or Ancient Greek. c. ]Mr. Ackerman has devoted his practice over the last 25 years to eminent domain cases in courts throughout the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . He has served as counsel in hundreds of condemnation Condemnation bell, book, and candle symbols of Catholic excommunication rite. [Christianity: Brewer Note-Book, 85] Bridge of Sighs passage from Doge’s court to execution chamber in Renaissance Venice. [Ital. Hist. trials and appeals, and is often asked to speak on eminent domain and real estate valuation issues for legal organizations in Michigan and elsewhere. He has served as vice-chairman or chairman of the American Bar The American Bar is a drinking establishment at the Savoy Hotel in London. Opened in 1898 when cocktail were being first introduced to London. The term American Bar comes from the 1930s when cocktails were first gaining popularity in the United States. Association's Real Property Section Condemnation Law Committee for more than a decade. E[acute accent]RULING'S SIGNIFICANCE: In March 1981, the Michigan Supreme Court green-lighted a plan to essentially level Detroit's so-called Poletown neighborhood (named after the high concentration of Polish immigrants that lived there) to make room for a General Motors plant. Several thousand residents were displaced displaced see displacement. in the aftermath of this highly contentious decision, which was subsequently cited by countless other government agencies to seize private property for another private party's development or use. E[acute accent]The Constitution affords government authorities the right to seize privately held property for public good, provided the owner is compensated for the loss. The "Poletown" decision, however, is significant for redefining the legal interpretation of what constitutes "public good". More than 20 years later, the Michigan Supreme Court revisited that decision in light of a new petition by Wayne County to cite eminent domain law to acquire land needed for a planned 1,300-acre commercial/industrial project. E[acute accent]The Michigan Supreme Court decided late Friday that eminent domain cannot be fairly applied to seize the land Wayne County sought, and also reversed the 1981 Poletown decision on which their argument was predicated. E[acute accent]Mr. Ackerman views the Court's decision to reverse Poletown as a significant victory for private property owners in Michigan and elsewhere, and is available to comment on the consequences of the ruling. Mr. Ackerman can be reached at 248/877-1155. |
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