Mackinac Center Amicus Curiae Brief in Michigan Department of Transportation v. Tomkins

On November 16, 2007, the Mackinac Center for Public Policy filed a brief of amicus curiae with the Michigan Supreme Court in the case of Michigan Department of Transportation v Tomkins. The legal dispute involves the amount of compensation a property owner should receive from state government when the state uses eminent domain to take part of the owner’s property. Specifically, the Michigan Supreme Court asked whether a state law that limits the property owner’s compensation to so-called "special-effect" damages violates the common understanding of the "just compensation" guaranteed in eminent domain cases by the Michigan Constitution.

Contents

• About This Ducument
• Executive Summary
• Jurisdictional Statement/Statement of Question Involved
• Introduction
• Statement of Facts
• Argument/Standard of Review
• Merits
  • 1. Relevant law and constitutional provisions
  • 2. The common-understanding doctrine and takings
  • 3. Spiek and highway effects
  • 4. The instant case at the Court of Appeals
  • 5. Common-understanding factors
    • a. Justice Cooley’s scholarly writings
    • b. Michigan case law
    • c. Constitutional convention activity
    • d. Federal case law
• Conclusion
• Relief Requested
• About the Author