Michigan budget fight could claim Detroit bridge project legislation

[Novine]

"Eminent domain against a billionaire who is able to make the claim that his company is trying to provide the same service to the public will be almost impossible. Think in terms of trying to put the Poletown Plant on land owned by Chrysler at the exact same time that Chrysler was being denied the opportunity to build a plant in a nearby location."

That's not going to save Maroun. The way eminent domain works, the government gets the land first and Maroun gets his money latter. You think any judge isn't going to say that a publicly financed bridge isn't for a public purpose?

[kraig]

"Eminent domain against a billionaire who is able to make the claim that his company is trying to provide the same service to the public will be almost impossible. Think in terms of trying to put the Poletown Plant on land owned by Chrysler at the exact same time that Chrysler was being denied the opportunity to build a plant in a nearby location."

That's not going to save Maroun. The way eminent domain works, the government gets the land first and Maroun gets his money latter. You think any judge isn't going to say that a publicly financed bridge isn't for a public purpose?

You seem to be forgetting about the billionaire part. Laws for Eminent domain have changed in recent years. The City of Detroit doesn't have the authority to do it anymore. The State of Michigan or the Federal Government would have to do it. And remember, whatever they do to Maroun, they would also have to do to someone's grandmother in Delray. Which could sway public opinion extremely fast. This fight hasn't gone on this long because Maroun doesn't know what he's doing. Like him or not, he's a very shrewd and smart man.

[Scottathew]

Correct me if I'm wrong, it doesn't really matter WHO owns the property, in terms of value. Just because a billionaire owns it won't cause the compensation to be increased or decreased.

[Novine]

"You seem to be forgetting about the billionaire part. Laws for Eminent domain have changed in recent years. The City of Detroit doesn't have the authority to do it anymore. The State of Michigan or the Federal Government would have to do it."

The change in law doesn't prevent the City of Detroit from doing it as long as it's for a public purpose. Building bridges has always been considered a public purpose. But even if it's the state or the Feds, it doesn't change the process. The property is acquired before they pay Maroun anything. 48091 also correctly pointed out that the value is based on the value of the property, not who owns it.

[kraig]

"You seem to be forgetting about the billionaire part. Laws for Eminent domain have changed in recent years. The City of Detroit doesn't have the authority to do it anymore. The State of Michigan or the Federal Government would have to do it."

The change in law doesn't prevent the City of Detroit from doing it as long as it's for a public purpose. Building bridges has always been considered a public purpose. But even if it's the state or the Feds, it doesn't change the process. The property is acquired before they pay Maroun anything. 48091 also correctly pointed out that the value is based on the value of the property, not who owns it.

Check the state law, Detroit can't do it. And the part that you and 48091 won't let sink in is that as a billionaire he has the means to fight Eminent domain in court. Which is something that the average resident in Delray doesn't have the means to do. There's a reason why eminent domain has always happened in the poorest neighborhoods. It's because those are the residents that have the least amount of resources to fight against it. But in this case he'll be able to. Get it?

[RO_Resident]

Check the state law, Detroit can't do it. And the part that you and 48091 won't let sink in is that as a billionaire he has the means to fight Eminent domain in court. Which is something that the average resident in Delray doesn't have the means to do. There's a reason why eminent domain has always happened in the poorest neighborhoods. It's because those are the residents that have the least amount of resources to fight against it. But in this case he'll be able to. Get it?

Detroit still has the power to take property through eminent domain as long as the action is for blight removal or for the public good.

See MCL 231.23[[3)[[1) Any public corporation or state agency is authorized to take private property necessary for a public improvement or for the purposes of its incorporation or for public use and to institute and prosecute proceedings for that purpose.

What is a public corporation?
213.21 [[1)The term “public corporations” as herein used shall include all counties, cities, villages, boards, commissions and agencies made corporations for the management and control of public business and property; and the term “state agencies” shall include all unincorporated boards, commissions and agencies of the state given by law the management and control of public business and property, and the office of governor or a division thereof.

But the Detroit issue is rather moot, as the taking action will probably be done by the state.

Fighting the ability of the state to undertake eminent domain would be a losing argument. The bridge would retain public ownership. Maroun would probably tie up the court with the amount of compensation would be just in his case.

[Scottathew]

But the Detroit issue is rather moot, as the taking action will probably be done by the state.

You are right. Detroit has nothing to do with this. This is a state-level project. D-DOT has no jurisdiction.

Also, your understanding of eminent domain concurs with my understanding.

[RO_Resident]

"You seem to be forgetting about the billionaire part. Laws for Eminent domain have changed in recent years. The City of Detroit doesn't have the authority to do it anymore. The State of Michigan or the Federal Government would have to do it."

The change in law doesn't prevent the City of Detroit from doing it as long as it's for a public purpose. Building bridges has always been considered a public purpose. But even if it's the state or the Feds, it doesn't change the process. The property is acquired before they pay Maroun anything. 48091 also correctly pointed out that the value is based on the value of the property, not who owns it.

Not quite true. The Michigan constitution was amended in 2006 such that a homeowner's primary residence would receive compensation no less than 125% of the fair market value [[plus whatever reimbursements are allowable by law.)

I'm sure the state will be monitoring land records to see if there are any shill homeowners in the Delray area.

[Novine]

I was aware of the 125% amount. My point is that the value of the property is based on its use, not who owns it. Maroun's ownership of homes doesn't magically give them the value of commercial property if they were zoned and used for residential uses.

[corktownyuppie]

My uninformed take?

[[1) Maroun knows he'll lose the fight.
[[2) A 2nd bridge will -- at least temporarily -- take business away from his bridge until the demand fills up the traffic.
[[3) Now it's just a cost/benefit question. If spending $1,000,000 in ads and lobbyists can delay the new bridge by 6 months, it's totally worth it if it will save him from losing $10,000,000 in lost profits.

Just a matter of time. He'll use every procedural move in the book to delay it, including having his own President sit in jail for contempt. [[Multiple times if necessary)

It'll happen. Patience.

[bartock]

Is the Eminent Doman talk as it relates to Maroun even relevant? Has Maroun been buying land from the individuals and businesses who actually own the land where the bridge is going to be built?

[kraig]

Is the Eminent Doman talk as it relates to Maroun even relevant? Has Maroun been buying land from the individuals and businesses who actually own the land where the bridge is going to be built?

Yes sir. There's not a piece of construction [[ramps, platform, bridge, etc) that will be built without dealing with Maroun first. One of the biggest mistakes that the DRIC made was going through the exercise of futility and pretending that there was even a remote possibility that their bridge was going anywhere else. While they were playing around pretending that Belle Isle was being considered, Maroun was acquiring property in the precise areas that the DRIC knew they were going.

Detroitnerd spoke earlier of lies. Well the biggest one the DRIC told was pretending that any of the proposals that were submitted initially by other parties was given serious consideration. Unfortunately for them, the time it took for them to perpetrate this lie gave Maroun time to pick up crucial pieces of property.

[Scottathew]

gave Maroun time to pick up crucial pieces of property.

I still simply don't think it matters WHO owns the property. Regardless of ownership, the land will be acquired, and the bridge will move forward [[I hope...).

[kraig]

I still simply don't think it matters WHO owns the property. Regardless of ownership, the land will be acquired, and the bridge will move forward [[I hope...).

Oh, it matters. The fact that the DRIC has been going on for about seven years and nothing is really happening right now should tell you that.

[Wesley Mouch]

...he wants to make ALL the money.

Why isn't this obvious to anyone who is against the public bridge. Maroun says that the bridge will require taxpayer money. It won't I will require bonds to be issued. That money comes from the 1%. And they give it to you so they can MAKE MONEY.

A public bridge is going to MAKE MONEY for the state. Its called 'investment'.

Maroun doesn't want the state to make money, he wants to 'make ALL the money'.

All other arguments on this are just irrelevant. Its all about power and money.

Where's the left on this? Where are the unions who are going to make more money if paid by the state than by Matty. Why is the left supporting taking profits away from the state and giving them to the 1%?

And the idiot republicans. They have a chance to do something useful for business. Provide certainty and efficiency in international trade. A great, reliable, well-placed public span has the potential to increase international trade for everyone, just like free highways have done for the US. And they can't get out of the way because Matty is funding them? What 'morouns', I mean morons.

[KOMPOST]

Oh, it matters. The fact that the DRIC has been going on for about seven years and nothing is really happening right now should tell you that.

OK. If your contention is that a billionaire has the means to drag out this process through the courts, a luxury the rest of us do not enjoy, we are in full agreement.
But, I thought the Matty defense was to play the victim here. You know, the big bad US government, big bad Canada all ganging up on a little family in Michigan.

[kraig]

OK. If your contention is that a billionaire has the means to drag out this process through the courts, a luxury the rest of us do not enjoy, we are in full agreement.
But, I thought the Matty defense was to play the victim here. You know, the big bad US government, big bad Canada all ganging up on a little family in Michigan.

Yes, he will play the victim. He's going to present himself as a victim of the government snatching up his land. Which. given the history of eminent domain [[black bottom, the poletown plant, graimark, etc) in Detroit and the fact that you will have residents in Delray objecting to losing their homes, will go over very well.