A Michigan township’s law prohibiting tree removal without a permit and requiring violators to mitigate removal was an unconstitutional taking as applied to a real estate company, the Sixth Circuit affirmed.
Canton, Mich., failed to demonstrate that its standard mitigation requirements—replacing trees or paying money into a tree fund—were roughly proportional to the specific impact of F.P. Development LLC’s removal of dead trees, the U.S. Court of Appeals for the Sixth Circuit said.
Judge John K. Bush wrote the opinion, joined by Judges R. Guy Cole Jr. and John B. Nalbandian.
F.P. Development contracted with a timber company to remove ...