Spring 2023

Volume 50, No. 1

FEATURE ARTICLES

Michigan Real Property Tax Foreclosure-Takings without Just Compensation

By Kevin T. Smith

Ad valorem real property taxes in Michigan are assessed and collected under the provisions of the General Property Tax Act (GPTA). In 1999 PA 123 (Act 123), the Legislature adopted the current tax lien foreclosure process, converting Michigan from a tax lien state, where liens for delinquent taxes are offered at public auction, to a tax deed state, where liens are foreclosed and fee simple title to foreclosed properties are offered at public auction.

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Commercial Lease Defaults & Bankruptcy

By Lawrence Dudek

The full scope of the resulting impacts of the COVID-19 pandemic remain to be seen. During the pandemic there were significant bankruptcy filings by large retail chains, as well as by many smaller businesses in the hospitality, restaurant, and retail industries.

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Michigan Supreme Court Clarifies “Aggrieved” Status for Purposes of Who May Bring Zoning Appeals

A series of steps leading down to a body of water.

By John A. Weiss and Thomas H. Forshee

In a 5-2 decision authored by Justice Elizabeth Welch, the Michigan Supreme Court recently clarified that property ownership is not a requirement to appeal an unfavorable zoning decision under the Michigan Zoning Enabling Act (MZEA).

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COLUMNS

Chair's Report

Shutdown By Thomas A. Kabel, Butzel PC

Nearly three years after the Covid-19 pandemic compelled the Real Property Law Section’s leadership to make the difficult decision to cancel its premier event–Summer Conference–our Section is in many ways stronger than ever. We had already been making changes in the educational programming that we offered to our members, both substantively and in the manner of delivery.

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Judicial Decisions Affecting Real Property

By Dawn Patterson

The Real Property Law Section is active in the judicial process in a variety of ways, such as preparing amicus curiae briefs and monitoring cases of interest to real estate lawyers. This Article provides a periodic report designed to inform Section members about the Section’s efforts to maintain the integrity of the law and to advise Section members about published decisions that may affect real estate practice.

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Legislation Affecting Real Property

Common Issues

By Dawn Patterson

One of the primary responsibilities of the Real Property Law Section (“Section”), as set forth in Article I, Section 2 of the Section’s Bylaws, is:

to promote the fair and just administration of Real Property Law; to study and report upon proposed and necessary legislation, including, but not limited to, pending legislation and drafting and introducing legislation …

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Sign Up Today!

Real Property Law Academy II

May 10-11, 2023 in Troy
Michigan State University-Management
Education Center
811 W. Square Lake Rd., Troy
May 10-11, 2023
9:00 a.m.-4:30 p.m.

Register now | Faculty | Program

Summer Conference 2023

July 19-22, 2023
Mission Point, Mackinac Island

Uncertainty permeates today’s real estate environment. Interest rate hikes, supply chain issues, and other disruptors create risks and opportunities in equal measure. When even the Magic Eight Ball cannot provide answers, practitioners who are well-versed in both current development trends and the latest in distressed real estate law will be at a decided advantage. Co-Chairs Scott Lesser of Miller Canfield in Troy and Aileen Leipprandt of Hilger Hammond in Grand Rapids invite all real estate practitioners to meet their colleagues at Mission Point to exchange and explore creative solutions to modern real estate dilemmas and help you maintain an edge—no matter where the market takes us.

Get Involved!

Take the opportunity to get involved by writing for one of our publications, presenting at a conference or seminar, or joining one of the committees that cover virtually every area in real estate law. See our committees and how you can join.