reglab/housing_qa huggingface dataset:
MI Comp L § 213.174 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.174 - Determination of Necessity by Board or Commissioner; Hearing.

213.174 Determination of necessity by board or commissioner; hearing. Sec. 4.  Whenever the board or commissioner shall be unable to agree with any person interested in any such property for the purchase thereof, or whenever such person shall be unknown or a non-resident of the county, or a minor or an insane or incompetent person, the board or commissioner may make a written determination of the necessity of the particular highway construction, improvement, landscaping or maintenance project for which such property is desired, the necessity for taking the particular property described, and the damages which, in the opinion of the board or the commissioner, should be paid as compensation for the taking of each parcel of such property. Such determination shall also describe the property desired and shall give the name of each person interested therein, so far as known to the commissioner or commissioners making the determination: Provided, That unless such determination shall specifically include fluid mineral and gas rights, such rights shall be deemed excluded therefrom. The exercise of such fluid mineral and gas rights, as permitted by law, shall not interfere with the use of such property. The declaration of the board or commissioner that he or it has made a good faith effort and has been unable to agree with the owner, or owners, for the purchase of such property and his or its determination of the necessity of the project and of taking the particular property described therefor, if received in evidence at the necessity hearing provided in this section, shall not thereafter be questioned: Provided, That no such determination shall be made except after a hearing, of which written notice shall be given of the time and place for such hearing to all persons interested so far as known in the property desired, at least 7 days before the time of hearing, such notice to be served as hereinafter provided in section 29 of this act. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3887 ;-- Am. 1931, Act 216, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.174 ;-- Am. 1962, Act 22, Eff. Mar. 28, 1963
MI Comp L § 213.174a (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.174a - Determination of Necessity by Circuit Court Commissioner if Board or Commissioner Is Disqualified.

213.174a Determination of necessity by circuit court commissioner if board or commissioner is disqualified. Sec. 4a.  In the event the board or commissioner shall for any reason be disqualified to hear and determine the matter of necessity, as provided in this act, such matter of necessity only shall be heard by a circuit court commissioner of the county in which the property sought to be condemned is located or by a circuit court commissioner acting in such county, as provided by law, and in case any disqualification shall be alleged against any board or commissioner before or during such hearing on necessity, such board or commissioner if they deem such allegation well-founded, may call upon a circuit court commissioner, qualified as hereinbefore provided, to hear the matter and make the determination herein prescribed, and on the day set for hearing a continuance for such purpose to a day certain, may be had if necessary. Upon the day fixed by the notice or the day certain set by such continuance, or upon such other date as said matter may be continued to, such circuit court commissioner shall hear the issue of necessity involved. Any determination on the matter of necessity made hereunder by a circuit court commissioner shall have the same force and effect and shall be filed with and acted upon by the board or commissioner in the same manner and be subject to all the provisions of this act, as are determinations made by such board or commissioner. History: Add. 1931, Act 216, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.174a
MI Comp L § 213.175 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.175 - Determination of Necessity; Filing and Recording; Compensation for Property.

213.175 Determination of necessity; filing and recording; compensation for property. Sec. 5.  Such determination may be filed with the county clerk if with reference to a county road, and in the office of the state highway commissioner if with reference to a state trunk line highway, and a certified copy thereof recorded in the office of the register of deeds of the county in which the property is situated. Such register of deeds shall receive such instrument for record only from the highway officials in charge of the matter. Compensation for the taking of the property therein described shall promptly thereafter be paid or tendered to the owner thereof if known and residing in the county in which the land is situated, and if such tender be not accepted or the owner shall be unknown, or a non-resident of the county, by depositing with the county or state treasurer, as the case may be, the amount determined as the damages to be paid as such compensation, the same to be paid to the person or persons entitled thereto upon the execution or delivery of the proper release or releases or subject to the order of the court in case of defaults or an award of damages by court commissioners as hereinafter provided. In case it shall be so determined that the benefits equal or exceed the damage, payment, tender or deposit as aforesaid shall not be necessary, but such fact shall be clearly set forth in the notice required by section 6 hereof. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3888 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.175
MI Comp L § 213.176 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.176 - Possession Notice; Vesting of Title; Removal of Obstructions on Property.

213.176 Possession notice; vesting of title; removal of obstructions on property. Sec. 6.  Upon the filing of such determination and proof of payment, tender or deposit as above provided, the board or commissioner having the matter in charge shall give notice thereof to the owners or occupants of the property therein described, which notice shall be served as provided in section 29 of this act. Said notice shall state that the said board or commissioner is about to take possession of said property for the highway purposes in said determination stated, and in cases where it is determined that benefits equal or exceed damage, such fact shall be clearly set forth in said notice, which may also direct the owners or occupants of such property to remove their fence or fences or other obstructions and encroachments within 10 days thereafter. Upon the filing of such determination and the giving of such notice, the title, and the right of possession to all of the property and property rights described in the determination shall vest in the county or state, as the case may be, for the purpose or purposes therein stated, and in case the owners or occupants thereof shall neglect or refuse to remove their fence, fences and other obstructions and encroachments within 10 days, the board or commissioner shall have the full power, and it shall be their duty to enter upon the premises with such aid and assistance as shall be necessary and remove such fence or fences, obstructions or encroachments without delay: Provided, That no person interested as owner, or otherwise, in any of the property described in such determination, shall be required to vacate any lands or premises or move any dwelling house or other building until after the damages, if any, determined as aforesaid, for the taking of such property have been paid or tendered, and the notices given, in accordance with the provisions of sections 4, 4a, 5 and 6 of this act. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3889 ;-- Am. 1931, Act 216, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.176
MI Comp L § 213.177 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.177 - Petition; Circuit Court to Appoint Commissioners to Determine Damages.

213.177 Petition; circuit court to appoint commissioners to determine damages. Sec. 7.  Within 90 days after the filing of any such determination of damages, as aforesaid, the board or commissioner having the matter in charge, unless the parties interested in the property therein described having accepted the amount tendered or offered and delivered the proper conveyances, shall file with the circuit court or probate court of the county in which such property is situated a petition, describing the highway improvement for which the property has been taken, reciting that the said board or commissioner has made and filed the determination as hereinabove provided, and that he or it has taken possession of the property therein described for public highway purposes, and that compensation has not been paid to the owners, stating as to each parcel whether the fee of said property, or an easement therein, has been taken, giving the name of each person interested in each such piece or parcel of property, and praying for the appointment of 3 court commissioners to appraise the damages to be paid as compensation for the taking of each such piece or parcel of property for such highway purposes. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3890 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.177
MI Comp L § 213.178 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.178 - Petition; Order for Hearing, Service.

213.178 Petition; order for hearing, service. Sec. 8.  Upon the filing of the petition, the court shall make an order fixing a day for the hearing on such petition, which shall not be less than 15 days thereafter. Such order shall recite the names of the persons mentioned in the petition and the descriptions of each piece or parcel of property and shall state the purpose of the petition. A copy of such order shall be served at least 10 days before the day of hearing, upon each person named therein as being interested in the property to be taken, who is a resident of the county in which the property is located, and also upon the person or persons in possession of such property, if other than the owner. Such service may be made as provided in section 29 of this act. Service may also be made upon persons interested in the property who are non-residents of the county. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3891 ;-- Am. 1931, Act 216, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.178
MI Comp L § 213.179 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.179 - Petition; Service Upon Guardians; Guardian Ad Litem.

213.179 Petition; service upon guardians; guardian ad litem. Sec. 9.  In cases where a minor or an insane or incompetent person has an interest in such property, service of a copy of the order shall be made upon the guardian, if any, and if such person has no guardian, the board or commissioner may petition the court for the appointment of a guardian ad litem. Upon the filing of such petition the court shall appoint a guardian ad litem, who shall be a resident of the county and upon whom service of a copy of the said order shall be made. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3892 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.179
MI Comp L § 213.180 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.180 - Petition; Constructive Service; Order for Appearance.

213.180 Petition; constructive service; order for appearance. Sec. 10.  Upon, or at any time after, the filing of such petition, the judge shall make an order for the appearance of any persons interested in the property, or any part thereof on or before the day of hearing therein stated, upon proof by affidavit either:  1. That such person resides out of or is absent from the county, or his whereabouts unknown;  2. That it cannot be ascertained in what county, state or country such person resides. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3893 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.180
MI Comp L § 213.181 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.181 - Order for Appearance; Publication; Mailing and Service of Order.

213.181 Order for appearance; publication; mailing and service of order. Sec. 11.  Such order shall be published in some newspaper published and circulated in the county, or in such other paper as the court may direct, at least once in each week for 2 successive weeks immediately preceding the day set for the hearing, and a copy of such order shall be mailed to each absent or non-resident person having a last known postoffice address, by registered mail, and a return receipt demanded. Proof by affidavit shall be made of such mailing, and whether or not a return receipt was received, and if one was received, it shall be attached to said affidavit; but such publication and mailing shall not be necessary in any case in which a copy of such order has been served personally or by registered mail on each such absent or non-resident person. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3894 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.181
MI Comp L § 213.182 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.182 - Order for Appearance; Proof of Publication and Service; Filing.

213.182 Order for appearance; proof of publication and service; filing. Sec. 12.  Proof of publication and service may be made by affidavit of any person having knowledge of the facts. Such proof shall be filed with the court on or before the day of hearing, and thereupon the court shall have jurisdiction of the subject matter involved in the proceedings and of the parties interested therein. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3895 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.182
MI Comp L § 213.183 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.183 - Default of Persons Not Appearing; Court-Appointed Commissioners; Discontinuance.

213.183 Default of persons not appearing; court-appointed commissioners; discontinuance. Sec. 13.  On the day fixed as aforesaid, the court shall enter the default of all persons interested in the property described who have not appeared, and shall direct the payment to such persons of the sums stated in the determination aforesaid, as compensation for the taking of the pieces or parcels of property in which they are interested; and the court shall also, unless sufficient cause to the contrary be shown, appoint 3 disinterested persons commissioners, herein called court commissioners, whose duty it shall be to appraise the damages to be paid as compensation for the taking of the property described in the petition, in respect to which an appearance is made, for highway purposes. Said commissioners shall not be residents of the township in which the property sought to be taken is situated. The court shall fix the time and place for the first meeting of such court commissioners, and require their attendance; it may also authorize the court commissioners to adjourn their meeting from time to time not later than to a day to be named, and shall fix the time for filing their report. After the appointment of court commissioners, no discontinuance shall be filed and no order of discontinuance may be entered except upon payment of expenses of the proceeding and reasonable attorney fees of all parties in interest who have appeared in said proceedings, under the order of the court. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3896 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.183
MI Comp L § 213.184 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.184 - Commissioners; Meetings, Adjournments; Witnesses.

213.184 Commissioners; meetings, adjournments; witnesses. Sec. 14.  The court commissioners shall meet at the time and place ordered by the court and shall be sworn faithfully to discharge their duties. If all do not then appear, a less number may adjourn to a time certain, but no adjournment shall be made to a day later than the time allowed by the court. All adjournments shall be publicly announced. The court or the clerk thereof may issue writs of subpoena to compel the attendance of witnesses before the court or before the said court commissioners. Either of such court commissioners may administer oaths to witnesses. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3897 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.184
MI Comp L § 213.185 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.185 - Commissioners; View of Premises; Hearing; Evidence of Ownership.

213.185 Commissioners; view of premises; hearing; evidence of ownership. Sec. 15.  The court commissioners, at the time fixed by the court or at the time fixed by adjournment, shall view the premises described in the petition and shall hear the proofs and allegations of the parties. At such hearing the determination hereinabove provided for, or a certified copy thereof, shall be read in evidence before said court commissioners and shall be prima facie evidence of the ownership of the property therein described. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3898 ;-- CL 1948, 213.185
MI Comp L § 213.186 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.186 - Commissioners; Appraisal of Damages; Reports.

213.186 Commissioners; appraisal of damages; reports. Sec. 16.  The court commissioners shall appraise the damages to be paid as compensation for each such piece or parcel of property, and shall report such decision in writing, signed by them or a majority of them, at or before the time fixed for that purpose, but it shall not be necessary for said court commissioners to report on all of such property at one time. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3899 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.186
MI Comp L § 213.187 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.187 - Commissioners; Not Necessary to Include All Parcels of Property in Same Petition.

213.187 Commissioners; not necessary to include all parcels of property in same petition. Sec. 17.  It shall not be necessary for the board or commissioner to include in one determination the descriptions of all of the property necessary to be taken for any single project, or to include in one petition, the descriptions of all of the property described in the determination upon which such petition is based. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3900 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.187
MI Comp L § 213.188 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.188 - Benefits to Owners; Deduction From Damage Costs.

213.188 Benefits to owners; deduction from damage costs. Sec. 18.  If any discontinued highway shall be upon lands through which a new highway shall be laid out, the same may be taken into consideration in estimating the damages sustained by the owner of such lands; and in like manner the benefits accruing to owners of lands by reason of laying-out, altering, widening or otherwise improving any highway or of changing the line thereof, shall be taken into consideration in determining the damages to be paid to any such owner as compensation for the taking of any of his property for any such highway purpose. In each such case, the board or commissioner having the matter in charge, or the court commissioners, as the case may be, shall state such fact and the amount deducted on account thereof in the determination, or report, as the case may be: Provided, however, That benefits shall not be taken into consideration as above stated in case there is any assessment levied on the abutting property by reason of the laying out, altering, widening or otherwise improving said highway. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3901 ;-- Am. 1931, Act 216, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.188
MI Comp L § 213.189 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)|Section 213.189 - Orders of Court Upon Determination and in Regarding Commissioners.

213.189 Orders of court upon determination and in regarding commissioners. Sec. 19.  The court may, at the time of the filing of the report or at such other time to which it may adjourn the proceedings, on cause shown, set aside the report and refer it back to such court commissioners or appoint other commissioners to re-try the questions involved, whereupon such proceedings shall be had as are hereinbefore provided for. The court may permit the amendment of any determination, petition, affidavit, order, report or proceeding filed or had in the premises in such manner as shall be just and proper; it may fill any vacancy that shall occur among the court commissioners, by reason of death, resignation, removal or inability to act; it may at any time, in its discretion, remove any or all of said commissioners and fill the vacancy or vacancies thereby created; it may permit a defective proceeding to be set aside and other proceedings in compliance with law to be had in place thereof; it may determine the division of any award among the several claimants thereto; it may adjourn such proceedings or any part thereof from time to time, and may make all such orders in the premises as may be just and proper to further and accomplish the purpose thereof. History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3902 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.189