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County Can Condemn Private "Inholding" Surrounded By Parkland, Even If The "Plan" Is Simply To Make The Park Whole
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County Can Condemn Private "Inholding" Surrounded By Parkland, Even If The "Plan" Is Simply To Make The Park Whole
The focus in the Kelo majority on Euclidean-style planning -- if a taking where a private party either ends up with the land or is benefited is part of some kind of plan, then it is likely ok -- raises the question: how much planning must the condemning agency do before it can take property? The Michigan Court of Appeals took up that question in County of Kalamazoo v. Berry, No. 367503 (Sep. 11, 2026) (per curiam), and concluded that identifying…
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