Possibility of rezoning relevant to value of condemned property.(Supreme Court of Michigan decision)(Brief Article)

Appraisal Journal, October, 2000 by Yovino-Young, G. Michael

An appraisal based on the possibility of obtaining a rezoning variance is relevant and admissible in a condemnation action, according to the Supreme Court of Michigan.

The Department of Transportation (DOT) condemned a portion of Archie and Mary Ann VanElslander's property for a road-widening project. The condemnation left the remainder of their property in violation of local zoning laws with respect to building setback requirements. At the trial, the DOT wanted to introduce an appraisal of the VanElslander's property that was based on the possibility that a zoning variance could be obtained to cure the violations created by the condemnation. The trial court found that this evidence should be excluded. On appeal, the Court of Appeals of Michigan agreed with the...

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