The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-04-24
mo. 3. |


AN ACT to authorize proceedings by the state to
condemn private property for public use.
SECTION /. The People Of the State Of Kicbi-
gan enact That it shall be lawful for the Gov
ernor or any other person or persons when by
law authorized to purchase for the State AT pri-
vate sale, or by condemnation, land as a site for
any public building or buildings, State institu-
ton or public use, to institute cause to be in
stituted, proceedings in the name and behalf
Of the State of Michigan against the land
sought to be acquired and against the owners
and persons interested therein. in the circuit
court of the county where the land is situated,
for the purpose of acquiring by the State title
TO such land by judicial condemnation. And
the said court in which such proceedings may
be instituted, shall have and possess full ju-
risdction of the subject matter of such pro
ceedings, and power to hear, adjudge, and
determine all matters touching the proceed
ings, and the rights and interests of all con-
cerned.
Sec q That upon request of the Governor
or other persons or persons authorized al
aforesaid, it shall be the duty of the Attor-
ney General of [thel this State, or Of the
prosecuting attorney of the county where the
land is situated, as the case may be, to cause
petition to be made and filed in the proper
court, signed by the Attorney General or pros
ecuting attorney, addressed to the court, set
ting forth, with reasonable certainty, a de-
scrption of the land sought to be acquired,
the names OF all persons owning or having an
interest therein, 20 far as disclosed by the
records of titles of the county in which the
land is situated, or can be ascertained from
actual occupants that the petition il made
and presented for the purpose of acquiring
the title and ownership of the land described
in the petition, to and for the use of the State
of Michigan, and specifying generally the
purpose for which it is to be used. And the
petition shall ask that all persons interested
in the premises, or any part thereof be sum
moned to appear and answer the petition. and
show cause, if any they have, against the
same. Upon filing the petition, summons
shall issue in accordance with the prayer there
of, against the persons named therein, return
able on day to be named, which shall not be
less than five days from the issuing and test
thereof, and shall be served at least three
days before the return day, by the
sheriff or other officer authorized to serve
process of summons. according to the rules
and practice of the circuit court In other cases
ut law. If there are minors or persons of un-
sound mind interested in the premises, serv-
ice may be made upon the guardian of any
such person, or the court may appoint
guardian dd Item for any such
person. who may appear and defend for
the person he represents. If there
are nonresident or absent persons upon whom
service cannot be obtained within the county,
the court may order service upon any such
person wherever he may be found and III
such manner as may be directed. The person
serving any such process on such nonresident
or absent person shall make proof of service
by affidavit, stating the place, time and man
ner of service. Or the court may order and
cause notice to be given to such absent or
nonresident person, by publication i'm such
newspaper printed and published in the
/ county as the court shall designate aud for
/ such length of time rs tho court NAV think
! proper, not less than three weeks once in
each week and any such service out of the
county, or notice by publication, shall be az
effectual for all the purposes of such proceed
ing and in the condemnation of the land AZ
though the persons had been personally
served within the county.
SEC. 3. That when all the parties named in
the petition have been summoned or notified.
in the manner provided, and the time for
their appearance shall have expired the court
shall hear any and all persons who shall have
appeared and interposed objections TO the
petition or proceedings and proceed to decide
the questions raised, and may vacate the pc
ttion, or any part Of the proceedings fol
| cause, and may allow amendments OF the
petition, in form or substance, as the right OF
the matter shall demand. If any person hav.
| ing an interest in the land has been over
looked, or not summoned or notified, the court
may continue the proceedings and cause such
persons to be served or notified. III the petit
ton and proceedings are sustained, the court
shall appoint three commissioners, residents
and freeholders within the county, not inter
ested or of kin to any of the persons inter
| ested In the land, to ascertain and determine