VBT DDA approves legal assistance for eminent domain takings

The Van Buren Township Downtown Development Authority, at its Jan. 23 meeting, approved the professional services agreement with Jerome Pesick, an attorney with Williams Williams Rattner and Plunkett, to work to get 11 rights of way by eminent domain along Belleville Road.
Cost will be $350 to $450 per hour, with an estimated total cost of $50,000.
Jason Long, another attorney from WWRP, spoke for Pesick by Zoom at the DDA meeting. He said Pesick had a pretty bad cold and started coughing whenever he talked.
DDA Executive Director Merrie Coburn said there were 34 properties to begin with and now are 11 outstanding pieces of property on Belleville Road between Tyler and Ecorse that remain after owners had been contacted multiple times and asked for counter offers.
Long said the government has the power of eminent domain to get private property for public use. The widening of Belleville Road to three lanes with sidewalks on each side means more property is needed.
Long said the township can file a law suit against all owners to start the process to get a piece of their properties. He said there are many preliminaries and they need to double check that all of them have been done before the suit is filed.
He said once the suits are filed in Wayne County Circuit Court it may shake some of the people loose. He said the owners have a right to challenge eminent domain, but it is very difficult.
Long said the government allows the municipality to take property for public purpose. The township is able to require possession of the property and construction can go forward, while the amount to be paid the owners continues in court.
He estimated this procedure can be accomplished in the next few months. The Uniform Condemnation Procedure Act requires a good-faith offer in the proposal. He said to file court action, the township will need an attorney.
Long said property owners still will receive compensation. He said the township offers and pays the owners and then they can continue to seek more.
“We plan on building in 2025,” said Van Buren Township Supervisor Kevin McNamara, asking if the property needed along Belleville Road can be obtained this year.
Long estimated the property could be gained in a matter of months, although the dispute on paying more could take more time. He said the property could be available not later than fall.
“We will try to settle out of court first,” Long said. “If we’re not getting any results, we go to court.”
When one of the DDA members asked how long they will give the property owners to decide, Long said they would give as long as the DDA would want. He suggested not more than a month or so for dialogue because they have to move forward.
DDA secretary Chris Brown, who was present by Zoom, said, “We’ve been doing this for some time. It started four or five years ago?”
Another DDA member said this would be kicking the can down the road again by delaying, suggesting 30 days tops.
“We can give them 30 days,” Long said. “Sometimes that kicks people into gear.”
“This started long before I became supervisor,” said McNamara who is the fourth year of his term. He referred to the offers for the strips of property needed.
Director Coburn said they have to get updated appraisals on the properties now because what they have is older than 60 to 90 days.
McNamara suggested getting two appraisals and giving the owners the higher number plus 20%.
Long said he’s not sure that would make sense.
Coburn was asked how much they have paid for the properties so far and she said one was $60,000, including the consultant’s fee.
She said they got three easements back after the last offer and they need 11 more. All of the yards have been staked by Wade Trim engineers to show them exactly what property is involved. She said there is an impasse with some.
Long said the property appraiser has to do more meticulous work for eminent domain than he would have to for a home mortgage because he might has to testify in court.
Coburn said with the 20% they decided to offer in addition, there is more than $1 million in the budget for this.
DDA member Mark Laginess made the motion to move forward with the attorney at his regular rates and approve the budget amendment of $50,000 from the budget amendment to cover costs associated with the proposal. This was seconded by Victor Deliberia and unanimously passed by the board.
Absent from the meeting were DDA vice chairperson Carol Bird and Directors Joe Baskin and Joyce Rochowiak. Secretary Brown was present by Zoom.
In other business at the 52-minute meeting on Jan. 23, the DDA:
• Approved a budget amendment to move $740,740 from the fund balance to allocate the funds to the Belleville Road Right of Way to cover costs associated with the taking of easements. Coburn said the money was not spent in 2023 and so it is being moved back;
• Approved advertising the VBT DDA with the Belleville Area Council for the Arts at Music Lakeside, as well as advertising with the Belleville Central Business Community 2024 events. They said they paid $3,000 to BACA last year and this year’s amount was to match what the Belleville DDA gives BACA. Also, the CBC amount is $500 for advertising in all their events, plus $50 for the coloring book;
• Was introduced to new DDA board member Jessica Thomas and informed Thomas would be sworn in at a future meeting. Coburn said because of the inclement weather the township was closed that day and the swearing-in wasn’t possible;
• Received an update on grant initiatives and the design concept status for the Belleville Road Widening Project and the Tyler Road Non-Motorized Improvements;
• Heard Coburn report that 30 new advertising banners have been sold and will be put up once the proofs are approved. When asked if she sold any to Belleville businesses, she said there are three so far. She also said the township’s Communications Department is working with the DDA to get a tri-community calendar in place so events aren’t scheduled for the same days. She said she wants a flagpole installed at Harris Park and said she will seek a quote. DDA chairman Craig Atchinson said he has a flagpole at his business and he will send a proposed vendor’s name to her;
• Learned the township didn’t get the needed letter of support from Wayne County for the county to be the recipient of a grant for the MDOT Tyler Road sidewalk project grant. McNamara said they were working on it; and
• Heard Coburn report the DDA is putting together its first-annual Valentine storefront event where people can vote online and “create a buzz.”