Poletown Overruled Recent Michigan Case Tightens The Reins on the Public Use Requirement Property Scholars Take Up Eminent Domain
PROBATE& PROPERTY MARCH/APRIL 2005 11 In Poletown Neighborhood Council v. City of Detroit, 304 N.W.2d 455 (Mich. 1981), the Supreme Court of Michigan sparked a national debate on the breadth of the government’s power to condemn private propertt for a public use. In an abrupt about-face, however, the court recently overruled Poletown, adopting a much more restrictive view of the government’s condemnatiio authority. County of Wayne v. Hathcock, 684 N.W.2d 765 (Mich. 2004). These cases, and a host...