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Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer

Michigan Law Review

During appellee sanitation district's negotiations for the purchase of a tract of land owned by one Peterson, the eighteen appellants and thirty-seven other owners of land in the vicinity of Peterson's tract executed with Peterson and each other reciprocal covenants whereby each party agreed that his land should be restricted to certain uses, the use contemplated by appellee for Peterson's land being specifically excluded. When appellee and Peterson failed to reach an agreement in their negotiations and appellee filed a petition for condemnation of the land, appellants presented a cross-petition to the trial court, requesting that they be allowed to …