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Stephon B. Bagne

Member
Office

Birmingham

151 S. Old Woodward
Suite 200
Birmingham, MI 48009
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Fax: +13133096897
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Education
J.D., University of Michigan Law School, Ann Arbor, Michigan, 1995
B.A., cum laude, University of Michigan, Ann Arbor, Michigan, 1992
State Bar Licenses
Michigan
Court Admissions
U.S. District Ct., E.D. of Michigan
U.S. District Ct., W.D. of Michigan
U.S. Court of Appeals, 6th Circuit

Stephon B. Bagne

Member

Stephon B. Bagne litigates eminent domain, zoning, contract, leasing, and property disputes on behalf of large and small companies, retailers, real estate developers, farmers, and homeowners. 

Stephon represents private property owners against government agencies, airports, and private utilities in eminent domain matters throughout Michigan involving agricultural, vacant and improved residential property, apartment or assisted living complexes, vacant and improved industrial property, office buildings, and commercial property like shopping centers or retail stores. Client goals are achieved by challenging necessity, negotiating modified takings, and increasing just compensation.

Property owners regularly rely on Stephon in zoning issues before municipal boards and in litigation. He has obtained approvals for commercial developments, Right to Farm Act waivers, negotiated planned unit development agreements, and appealed adverse zoning decisions in court.  Stephon handles property disputes involving trespass, adverse possession, nuisance, and joint tenancies. Client remedies include money judgments, declaratory rulings, and injunctions.   In valuation tax appeals, Stephon provides cost-effective representation and has obtained substantial relief for owners of million-dollar-plus homes.

Since real estate contracts can be extremely complex, Stephon interprets and enforces a wide variety of them. Stephon handles general contractual disputes, particularly when they involve real estate. For example, Stephon has represented property owners seeking dissolution of entities or alleging oppression involving real estate entities.

Stephon has published numerous articles and has spoken at many educational seminars and trade group events. He maintains a Michigan Condemnation Blog discussing eminent domain law, matters that he is handling, and things that property owners confronted by a condemnation should consider.

Appellate Decisions

  • Board of County Road Commissioners for County of Washtenaw v Shankle, 327 Mich App 407, 934 NW2d 279 (2019)(dismissing formal condemnation due to failure to name all owners or otherwise comply with statutory requirements) 
  • Lenawee County v Wagley, 301 Mich App 134, 836 NW2d 193 (2013)(upholding jury verdict for $470,000 requiring total taking of residential home after imposition of avigation easement)  
  • Lenawee County v Gardner, 2014 WL 2931846 (upholding jury verdict for $590,000 requiring total taking of residential home after imposition of avigation easement)

Eminent Domain Jury Trials

  • Two jury verdicts compelling Lenawee County Circuit Court to acquire homes encumbered by avigation easements, where the County offered only nominal easement payments
  • A jury verdict in Oakland County awarding approximately 1,500% of what had been offered for a taking encumbering vacant development land
  • A jury verdict in Wexford County awarding approximately 2,500% of what had been offered for vacant recreational land after access had been limited by a highway project
  • The largest jury verdict in Wexford County that year for vacant agricultural and development land
  • Co-counsel in multiple jury trials in Wayne County Circuit Court involving acquisition of property in Detroit for Comerica Park and Ford Field
Memberships
State Bar of Michigan
Oakland County Bar Association
International Counsel of Shopping Centers
International Right of Way Association
Newsletter Alerts
The Use of Eminent Domain Powers to Combat COVID-19US Supreme Court Allows Greater Access to Federal Courts for Taking CasesMichigan Court of Appeals Confirms that Agencies Must Strictly Comply with Procedural RequirementsSCOTUS Rejects Dueling Bright Line Tests to Identify Property at Issue in Regulatory Takings Cases
Articles
View from the Other Side: Partial Taking Eminent Domain Tips from an Owners’ Attorney, Briefly (published by Michigan Township Association), December, 2018 Stephon B. Bagne Quoted in the Ann Arbor News Article “Webster Township 'wedding barn' debate could end with new zoning amendment.”, August 6, 2018Stephon B. Bagne Quoted in Michigan Farm Bureau Article "Township's Choice: Weddings or Hogs?", September 29, 2017Stephon B. Bagne Quoted in The Macomb Daily: ITC Seeks Easements for Tree Cutting Along Macomb-Orchard Trail, February 2017"Consumers Energy to Reconstruct Line 2800 Pipeline, a 24" Natural Gas Pipeline" Michigan Condemnation Blog, February 15, 2017Lenawee County Authorizes Airport Property NegotiationsAn Introduction to Eminent DomainAppeals court upholds order to buy Lake Madison homeLake Madison homeowners seek county airport's closureBroad Rights of an Avigation Easement by Stephon Bagne for Right of WayBroad Rights of an Avigation Easement, Right of Way Magazine (published by the International Right of Way Association), May/June, 2014Lease Guaranties, Security Interests & Letters of Credit: How Good Are They To The Landlord?*The DestiNY USA Litigation: Government's Right to Extinguish Contract Terms Through Eminent Domain, Potentially Without Just Compensation Expert's Limited Analysis Results in $590K Verdict in Condemnation CaseCounty to Settle with Lake Madison Homeowner Jury Orders Lenawee County Airport to Buy 2nd Lake Madison HouseJury: County Must Buy House Near Airport An Electoral Uprising Dramatically Increases Property Owner Rights in Condemnation Cases, Laches (published by the Oakland County Bar Association), March 2007An Electoral Uprising Dramatically Increases Property Owner Rights in Condemation CasesTechnical Requirements Governing Real Estate Appraisers, Laches (published by the Oakland County Bar Association), February 2005Technical Requirements Governing Real Estate AppraiserThe DestiNY USA Litigation: Government’s Right to Extinguish Contract Terms Through Eminent Domain, Shopping Center Legal Update (published by International Council of Shopping Centers), Spring, 2003Unique Issues Relating to Case Evaluation in Formal Condemnation Cases, Laches (published by the Oakland County Bar Association), March 2003Unique Issues Relating to Case Evaluation in Formal Condemnation CasesEvaluating the Highest and Best Use of Real Estate in Condemnation Cases