Jeffrey W. "Jeff" Bracken
- Of Counsel
My admin
- Debbie Thompson
Mr. Bracken is engaged primarily in general commercial litigation including condemnation, construction, land use, and oil and gas litigation. He has represented both condemning parties and commercial property owners in numerous condemnation matters. He was the lead litigator for an extensive right-of-way condemnation project involving in excess of 1,200 parcels of land. He has also represented commercial landowners in several condemnation matters. Mr. Bracken has substantial experience in contract negotiation and litigation for construction projects.
industries
practices
- As lead counsel for a Canadian-based partnership that constructed a 42-inch natural gas pipeline across 1,215 tracts of land from Niles to St. Clair, Michigan:
- litigated pre-condemnation property access disputes
- filed 88 condemnation actions, defended necessity challenges, and litigated cases to conclusion
- drafted pleadings and related form documents
- defended several restoration lawsuits
- supervised outside counsel, client landmen, and other personnel
- conducted settlement negotiations
- Filed condemnation action and negotiated settlement thereof on behalf of Michigan utility regarding power plant welcome center.
- Represented Michigan businesses defending actions to condemn portio
- As lead counsel for a Canadian-based partnership that constructed a 42-inch natural gas pipeline across 1,215 tracts of land from Niles to St. Clair, Michigan:
- litigated pre-condemnation property access disputes
- filed 88 condemnation actions, defended necessity challenges, and litigated cases to conclusion
- drafted pleadings and related form documents
- defended several restoration lawsuits
- supervised outside counsel, client landmen, and other personnel
- conducted settlement negotiations
- Filed condemnation action and negotiated settlement thereof on behalf of Michigan utility regarding power plant welcome center.
- Represented Michigan businesses defending actions to condemn portions of their business premises:
- Represented West Michigan blueberry farm regarding pipeline company’s attempt to use 40-year-old easement grant without paying just compensation to install new, larger pipeline
- Represented global auto supplier regarding petroleum refiner’s condemnation of easement across portion of testing facility grounds
- Advised numerous landowners (1) facing expansion of usages under old easement grants and (2) condemnation of new easements.
- Served as trial counsel for major and independent oil and gas exploration companies, well operators and interest owners in cases involving property access and restoration, post-production cost challenges, interest and royalty disputes and well-site performance issues for 25 years.
- Was a member of a litigation team that defended issuance of state mining and wastewater discharge permits by State of Michigan for Upper Peninsula mine; participation in longest contested case hearing in state history, and in subsequent appeals.
- Served as trial counsel for an international construction firm involving claim for extras caused by deficient soil borings on a state project; the case was resolved by a substantial settlement favorable to the client.
Reported Cases
- Terra Energy Ltd v State of Michigan, 241 Mich App 393; 616 NW2d 691 (2000); lv den 463 Mich 994 (2001).
- Performance Abatement Services, Inc v Lansing Board of Water and Light, 168 F Supp 2d 720 (WD Mich 2001).
- Omega Construction Company, Inc v Altman, 147 Mich App 649 (1985); lv den 425 Mich 877 (1986).
- Omega Construction Company, Inc v Altman, 667 F Supp 453 (WD Mich 1987).
- National Wildlife Federation v. Kennecott Eagle Minerals Co, ___ Mich App ___ (2014).
- Has lectured to various trade associations regarding construction contracts, private lien and public bond construction claims, and topical oil and gas issues
- “Eminent Domain and Condemnation Law,” September 2014
- Has lectured to various trade associations regarding construction contracts, private lien and public bond construction claims, and topical oil and gas issues
- “Eminent Domain and Condemnation Law,” September 2014
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Attorneys Selected for Multiple Honors by Best Lawyers in America®
- Warner Attorneys Selected for Multiple Honors by Michigan Super Lawyers Magazine
- 108 Warner Attorneys Rated Best Lawyers in America
- 42 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 105 Warner Attorneys Rated Best Lawyers in America©
- 12 Warner Attorneys Named Lawyers of the Year
- 44 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 102 Warner Attorneys Rated 2021 Best Lawyers in America
- 45 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- 52 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- Fifteen Warner Partners Named Lawyers of the Year
- IJGlobal Names Gordie Howe International Bridge 2018 Deal of the Year
- Gordie Howe International Bridge Named Canadian Deal of the Year by Lexpert® in its Top 10 Deals of 2018
- Gordie Howe International Bridge Named PFI’s 2018 Transport Deal of the Year
- Warner Serves as U.S. Counsel to Windsor-Detroit Bridge Authority on Historic Agreement for Gordie Howe International Bridge
- 58 Warner Attorneys Recognized by Michigan Super Lawyers Magazine
- One Hundred Warner Attorneys Rated Best Lawyers in America
- Eleven Warner Partners Named Lawyers of the Year
- 57 Warner Attorneys Recognized as Michigan Super Lawyers
- Ninety-Seven Warner Attorneys Rated Best Lawyers in America
- Fourteen Warner Partners Named Lawyers of the Year in 2018
- Nine Warner Partners Named Lawyers of the Year
- 61 Warner Attorneys Recognized as Michigan Super Lawyers
- 98 Warner Attorneys Rated Best Lawyers in America
- 98 Warner Attorneys Rated Best Lawyers in America