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| Acquisition Resources
Contact:
Chip Kraus (517) 335-9755
Agency:
Transportation
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Proposal 4 (passed 11/7/06).
Changes to Michigan Constitution, eminent domain and property acquisitions effective 12/23/06
more information
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When is a public corporation or state agency required to compensate an individual 125% of fair market value for property required for a public use? (as stated in
PA 367 of 2006
) (5) In order to be eligible for reimbursement under this subsection, the individual's principal residential structure must be actually taken or the amount of the individual's private property taken leaves less property contiguous to the individual's principal residential structure than the minimum lot size if the local governing unit has implemented a minimum lot size by zoning ordinance.
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Are airport sponsors required to pay 125% of fair market value (appraised value) for avigation easements? NO. Public Act 367 clearly states that either the structure has to be taken or the result of the partial acquisition leaves less property than the minimum lot size under a zoning ordinance. Unless the structure is an obstruction to an approach it does not need to be acquired and therefore 125% of fair market value is not required.
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Does a public agency (airport sponsor) need to offer compensation for loss of property tax exemption if the principal residence (structure) is acquired? YES. The agency's Good Faith Offer shall also include a property tax reimbursement based on the following formula: (SEV - Taxable Value) x Millage Rate x #years (max 5 yrs).
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A
Principle Residence Payment Summary
can be used to help explain compensation amounts.
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How are public agencies (airport sponsors) and property acquisition projects impacted by the new Eminent Domain Law changes (summary of law changes)?
Environmental impacts need to be considered prior to land acquisitions.
For more information, see FAA Environmental Program
or the environmental section
MDOT Guidelines for Land Acquisitions at Public Airports
MDOT Demolition Guidelines
Overview of Airport Land Acquisition
Acquisition-Relocation Checklist (PDF fillable)
Federal Aviation Administration Resources (FAA)
Forms and Clauses for FAA recommended land acquisition related forms.
Federal Highway Administration Resources (FHWA)
* FHWA is a good source for project information since all land acquisition projects with federal participation are required to complete projects in accordance with CFR 49 Part 24.
For additional information related to land acquisitions consultants, see
Consultant Selection Resources
Please note: All costs must obtain prior Aero approval in order to be considered eligible for state or federal funds.
FAA recommended land acquisition related forms.
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