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Stephon B. Bagne

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fax +1 313.309.6897

Stephon B. Bagne litigates eminent domain, zoning, contract, leasing, and property disputes on behalf of large and small companies, retailers, businesses within the hospitality industry, 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.

Education

J.D., University of Michigan Law School, Ann Arbor, Michigan, 1995
B.A., cum laude, University of Michigan, Michigan, 1992

Memberships

State Bar of Michigan

Oakland County Bar Association

International Counsel of Shopping Centers

International Right of Way Association

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

Notable Eminent Domain Settlements

  • In a recent matter, a city offered $51,327 to acquire approximately an acre of permanent and temporary easements to facilitate a road project adjacent to our client’s 40-acre, commercially zoned but low-density residential and agriculturally used property. Stephon filed a counterclaim, asserting a de facto taking as a result of access closures and other impacts. The city sought dismissal of the access claims, asserting that the owner had failed to exhaust administrative remedies. Stephon defeated that motion by demonstrating that the exhaustion doctrine does not apply to physical invasions, including those involving closed access points. The property owner received an additional $4 million over the original offer through a mediated settlement.

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.
Articles
In addition to the thought leadership below, Stephon 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.

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