reglab/housing_qa huggingface dataset:
MI Comp L § 213.70 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)|Section 213.70 - Determination of Fair Market Value.

213.70 Determination of fair market value. Sec. 20.  (1) A change in the fair market value before the date of the filing of the complaint which the agency or the owner establishes was substantially due to the general knowledge of the imminence of the acquiring by the agency, other than that due to physical deterioration of the property within the reasonable control of the owner, shall be disregarded in determining fair market value. Except as provided in section 23, the property shall be valued in all cases as though the acquisition had not been contemplated.  (2) The general effects of a project for which property is taken, whether actual or anticipated, that in varying degrees are experienced by the general public or by property owners from whom no property is taken, shall not be considered in determining just compensation. A special effect of the project on the owner's property that, standing alone, would constitute a taking of private property under section 2 of article X of the state constitution of 1963 shall be considered in determining just compensation. To the extent that the detrimental effects of a project are considered to determine just compensation, they may be offset by consideration of the beneficial effects of the project.  (3) The date of acquiring and of valuation in a proceeding pursuant to this act shall be the date of filing unless the parties agree to a different date, or unless a different date is determined by a counterclaim filed under section 21. The value of each parcel, and of a part of a parcel remaining after the acquisition of a part of the parcel, shall be determined with respect to the condition of the property and the state of the market on the date of valuation. However, if anticipated damages are avoided because of changes in the taking or project or changes in the actual effect of the taking or project on the remaining property, the property shall be valued as if those damages had not been anticipated. History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
MI Comp L § 213.71 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)|Section 213.71 - Counterclaim.

213.71 Counterclaim. Sec. 21.  A defendant may assert as a counterclaim, any claim for damages based on conduct by an agency which constitutes a constructive or de facto taking of property. History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 Compiler's Notes: Former MCL 213.71 to 213.94, deriving from Act 124 of 1883 and pertaining to the taking of property by cities, villages, and counties, were repealed by Act 120 of 1967.
MI Comp L § 213.72 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)|Section 213.72 - Lease, Sale, or Conveyance of Property; Terms; Record.

213.72 Lease, sale, or conveyance of property; terms; record. Sec. 22.  If property is acquired by an agency, the agency may lease, sell, or convey any portion not needed, on whatever terms the agency considers proper. A record of the leases and sales, showing the appraised value, the sale price, and other pertinent information, shall be kept in the office of the agency. History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 Compiler's Notes: Former MCL 213.71 to 213.94, deriving from Act 124 of 1883 and pertaining to the taking of property by cities, villages, and counties, were repealed by Act 120 of 1967.
MI Comp L § 213.73 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)|Section 213.73 - Enhancement in Value as Consideration in Determining Compensation; Complaint; Compensation; Requiring Agency to Acquire Portion Claimed to Be Enhanced; Burden of Proof.

213.73 Enhancement in value as consideration in determining compensation; complaint; compensation; requiring agency to acquire portion claimed to be enhanced; burden of proof. Sec. 23.  (1) Enhancement in value of the remainder of a parcel, by laying out, altering, widening, or other types of improvement; by changing the scope or location of the improvement; or by either action in combination with discontinuing an improvement, shall be considered in determining compensation for the taking.  (2) When enhancement in value is to be considered in determining compensation, the agency shall set forth in the complaint the fact that enhancement benefits are claimed and describe the construction proposed to be made which will create the enhancement. If the construction is not completed in substantial compliance with the plan upon which the agency based its claim of enhancement benefits, the owner may reopen the question of compensation within 1 year after the termination of construction. If the construction is not in substantial compliance, the owner is entitled to the difference between the value of the property as affected by the actual construction and the value of the property as it would have been, had construction been completed according to plan. The owner shall not recover more compensation than would have been payable if there was not a claim of enhancement benefits.  (3) Upon demand of the owner before trial, the court may require the agency to acquire that portion of the remainder of the tract which the agency claims to be enhanced if the agency claims enhancement. This subsection shall not apply if the agency withdraws its claim of enhancement benefits before trial.  (4) The agency has the burden of proof with respect to the existence of enhancement benefits. History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 Compiler's Notes: Former MCL 213.71 to 213.94, deriving from Act 124 of 1883 and pertaining to the taking of property by cities, villages, and counties, were repealed by Act 120 of 1967.
MI Comp L § 213.74 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)|Section 213.74 - Coercive Actions Prohibited.

213.74 Coercive actions prohibited. Sec. 24.  In order to compel an agreement on the price to be paid for the property, an agency may not advance the time of condemnation, defer negotiations or condemnation, defer the deposit of funds for the use of the owner, nor take any other action coercive in nature. History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 Compiler's Notes: Former MCL 213.71 to 213.94, deriving from Act 124 of 1883 and pertaining to the taking of property by cities, villages, and counties, were repealed by Act 120 of 1967.
MI Comp L § 213.75 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)|Section 213.75 - Commencement of Actions for Acquisition of Property.

213.75 Commencement of actions for acquisition of property. Sec. 25.  All actions for the acquisition of property by an agency under the power of eminent domain shall be commenced pursuant to and be governed by this act. Amendments made to this act by the amendatory act that added this sentence shall apply to all good faith written offers made after the effective date of the amendatory act that added this sentence. History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1980, Act 309, Imd. Eff. Dec. 4, 1980 ;-- Am. 1985, Act 68, Imd. Eff. July 1, 1985 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996 Compiler's Notes: Former MCL 213.71 to 213.94, deriving from Act 124 of 1883 and pertaining to the taking of property by cities, villages, and counties, were repealed by Act 120 of 1967.
MI Comp L § 213.76, 213.77 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)|Section 213.76, 213.77 - Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996.

213.76, 213.77 Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996. Compiler's Notes: The repealed sections pertained to repeal of MCL 213.26 to 213.41, 213.366 to 213.390, and 486.252a to 486.252j.
MI Comp L § 213.111 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.111 - Cities, Authority to Take Over Public Utilities.

213.111 Cities, authority to take over public utilities. Sec. 1.  Any city in this state having a population of 25,000 or more is hereby authorized to take for public use the absolute title in fee to any public utility for supplying water, light, heat, power or transportation to the municipality and the inhabitants thereof within or without its corporate limits, the same being then and there the private property of any person or of any corporation, within the limits of the state constitution, and to institute and prosecute proceedings for that purpose. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3811 ;-- CL 1948, 213.111
MI Comp L § 213.112 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.112 - Institution of Proceedings; Council's Resolution of Necessity, Contents; Circuit Court, Jurisdiction.

213.112 Institution of proceedings; council's resolution of necessity, contents; circuit court, jurisdiction. Sec. 2.  Such proceedings may be begun and prosecuted under this act whenever the common council of such city shall have declared by resolution that it deems it necessary that such city take for public use the absolute title in fee to any such public utility. Such resolution shall describe the property sought to be taken for public use and direct the city attorney, corporation counsel or other law officer of the city by whatsoever name or title designated, to institute the necessary proceedings on behalf of such city to carry out the object of such resolution to take the absolute title in fee to private property by such city. Jurisdiction is hereby conferred upon the circuit court for the county in which such city is situated. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3812 ;-- CL 1948, 213.112
MI Comp L § 213.113 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.113 - Institution of Proceedings; Petition, Contents; Separate Juries on Request to Determine Necessity, Damages.

213.113 Institution of proceedings; petition, contents; separate juries on request to determine necessity, damages. Sec. 3.  The city clerk shall make and deliver to such attorney or other law officer of the city, as may be, a copy of such resolution certified under the seal of the city and it shall be the duty of such attorney, corporation counsel or other law officer of the city to prepare and file in the name of the city, in such circuit court a petition signed by him in his official character and duly verified by him, to which petition a certified copy of the resolution of the common council shall be annexed. Said certified copy shall be prima facie evidence of the action taken by the common council and of the passage of said resolution. The petition shall state, among other things, that it is made and filed as commencement of judicial proceedings by the city in pursuance of this act to acquire the right to take, for public use, either within or without its corporate limits, the absolute title in fee to public utilities for supplying water, light, heat, power or transportation to the municipality and the inhabitants thereof, the same being then and there the private property of any person or of any corporation, without the consent of the owners, for a just compensation to be made. A description of the property to be taken shall be given and, generally, the nature and extent of the use thereof that will be required in making and maintaining the property shall be stated, and also the names of the owners and others interested in the property, so far as can be ascertained, including those in possession of the premises. The petition shall ask that a jury be summoned and empaneled to ascertain and determine whether it is necessary to take for public use the absolute title in fee to such private property as it is proposed to take and to ascertain and determine the just compensation to be made therefor. The petition may state any other pertinent matters or things and may pray for any other or further relief to which the city may be entitled within the objects of this act: Provided always, That upon request of said city attorney, corporation counsel or other law officer of the city, made at any time before the empaneling of a jury, such jury shall be empaneled to try only the question of the necessity of taking the absolute title in fee to such private property for public use, and if such jury determine that it is necessary to take the absolute title in fee to such private property for such public use, that another jury be empaneled to determine the compensation to which any person or persons may be entitled because of the taking of such property for public use, in manner and form as is hereinafter provided. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3813 ;-- CL 1948, 213.113
MI Comp L § 213.114 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.114 - Summons; Issuance, Contents.

213.114 Summons; issuance, contents. Sec. 4.  Upon receiving such petition it shall be the duty of the clerk of said court to issue a summons against the respondents named in said petition, stating briefly the object of said petition, and commanding them in the name of the people of the state of Michigan to appear before said court, at a time and place to be named in said summons, not less than 20 nor more than 40 days from the date of the same, there to show cause, if any they have, why the prayer of said petition should not be granted. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3814 ;-- CL 1948, 213.114
MI Comp L § 213.115 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.115 - Summons; Service; Guardian Ad Litem; Alias, Pluries Summons; Return, Evidence.

213.115 Summons; service; guardian ad litem; alias, pluries summons; return, evidence. Sec. 5.  Said summons shall be served by the sheriff, under-sheriff, deputy sheriff of the county, or by any member of the metropolitan police of the city of Detroit, at least 5 days before the return day thereof upon all of the respondents found within the county by exhibiting the original and delivering a copy to each of them. If any respondent who is a resident of the county can not be found, the summons shall be served by leaving a copy thereof at his or her usual or last place of abode, with some person of suitable age and discretion. If any minor or person of unsound mind is interested in the premises to be taken, service may be made upon the guardian of such person, if any, and if there is no guardian the court may appoint some discreet and proper person to be guardian of such person in such proceedings; any such guardian shall have authority to represent such person in said proceedings. The proceedings to appoint such guardian shall be the same as in other cases provided by statute. If it shall appear on the return day of the summons that any respondent can not be found within the county and has not been served in the manner provided, or is a non-resident and has not voluntarily appeared, the court may make an order requiring such respondent or respondents to appear and show cause why the prayer of the petition should not be granted on a day to be named in the order not less than 30 days from the date thereof, and may require that a certified copy of such order be personally served on such respondents wherever found, if practicable, at least 6 days before the time named in the order for appearance, or the court may make such order for appearance and require as to any or all such respondents who shall not have been personally served and have not appeared, that service be made by publishing a certified copy of such order for 3 successive weeks at least once in each week in at least 1 newspaper published within the county, if there be one, and if not then in a paper published in the county nearest thereto, the last publication to be at least 6 days before the day fixed in the order for appearance. Alias and pluries summons may be issued and the court may adjourn the proceedings from time to time as there shall be occasion and as in other civil cases. Service of such order for appearance in either mode prescribed shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The return of the officer upon the summons and an affidavit of the due service or the publication of the order for appearance, if any, shall be filed in the clerk's office before a jury shall be empaneled and shall be sufficient evidence of service on the respondents and of the manner of service. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3815 ;-- CL 1948, 213.115
MI Comp L § 213.116 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.116 - Jury to Be Empaneled.

213.116 Jury to be empaneled. Sec. 6.  On the return day of the summons or on some subsequent day to which the proceedings shall have been adjourned, if no sufficient cause to the contrary has been shown, the court shall make an order that a jury be empaneled in the cause. Such jury shall be composed of 12 freeholders of the county and not directly interested in said proceedings and shall be selected and empaneled as follows: The sheriff, under-sheriff or deputy sheriff of the county shall, on the same day or at an adjourned day, make a list of 24 resident freeholders of such county, and the city attorney, corporation counsel or other law officer of the city, in person or by an assistant or deputy, and the respondents collectively, shall each have the right to strike 6 names from the list of persons written down as aforesaid, and, subject to objection for cause, the 12 persons whose names are left on the list shall compose the jury for the trial of the cause, and shall be summoned to attend at such time as the court shall direct, by a venire issued by the clerk of the court, and to be served by 1 of the officers aforesaid. If the respondents neglect or refuse to strike 6 names from said list, it shall be done by the judge of the court, and in case any of the persons to be summoned cannot be found in the county, or being summoned do not attend, or shall be excused for cause or otherwise, talesmen possessing the necessary qualifications may be summoned as jurors in the case by such sheriff or sheriff's officer, or other authorized person, and the practice and proceedings under this act, except as herein provided, relative to empaneling, summoning and excusing jurors and talesmen, and imposing penalties or fines upon them for non-attendance, shall be the same as the practice and proceedings of the circuit courts of the state relative to petit jurors in civil cases in such courts. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3816 ;-- CL 1948, 213.116
MI Comp L § 213.117 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.117 - Jury; Oath; Duties; Instruction; Written Verdict.

213.117 Jury; oath; duties; instruction; written verdict. Sec. 7.  The jurors so empaneled shall be sworn or shall affirm in substance as follows: "You do solemnly swear (or affirm) that you will well and truly ascertain and determine whether it is necessary to take for public use the absolute title in fee to the private property which the petition describes and prays may be taken for such public use, and if you determine that it is necessary to take the absolute title in fee to such private property for public use, that then you ascertain, determine and award the just compensation to be made therefor, and faithfully and impartially discharge all other duties as devolve upon you in this case, and unless discharged by the court a true verdict give according to the law and the evidence, so help you God, (or under the pains and penalties of perjury)." The jury shall hear the proofs and allegations of the parties and, if so ordered by the court, shall go to the place where the public utility sought to be taken for public use is situated, in the charge of an officer. They shall be instructed as to their duties and the laws of the case by the judge of the court and shall retire under the charge of an officer and render their verdict in the same manner as on the trial of an ordinary civil case, but the same shall be in writing and be signed by the foreman or by all the jurors. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3817 ;-- CL 1948, 213.117
MI Comp L § 213.118 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.118 - Jury; Determination and Award; Title Vested in Petitioner.

213.118 Jury; determination and award; title vested in petitioner. Sec. 8.  The jury shall determine by their verdict the necessity for taking the absolute title in fee to such private property for public use, and in case they find such necessity exists, they shall award just compensation therefor to the owners of the property taken as well as to the owners of any mortgage, lease, agreement or other lien, estate or other interest therein. But the petitioner may take the absolute title in fee to said property subject to any mortgage or other lien thereon whenever its intention so to do is declared in the resolution of the common council, provided for in section 2 of this act, as well as in the petition of the city attorney, corporation counsel or other legal representative of the city under section 3 of this act, and in that event no compensation shall be awarded to the holder of such mortgage or lien. History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3818 ;-- CL 1948, 213.118
MI Comp L § 213.119 (2021)
2021 Michigan Compiled Laws|Chapter 213 - Condemnation|Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)|Section 213.119 - Jury; Use of Petition, Map, Blank Verdict, Form.

213.119 Jury; use of petition, map, blank verdict, form.Sec. 9.  To assist the jury in arriving at their verdict the court may allow the jury, when they retire, to take with them the petition filed in the case and a map showing the location of the public utility proposed to be taken for public use and may also submit to them a blank verdict, which may be as follows:   PART I.    PART II.    Description of the property to be taken. Owners, occupants and others interested in each parcel. Compensation. To whom payable.         The different descriptions of the property and the names of the occupants, owners and others interested therein, may be inserted in said blank verdict, under the direction of the court, before it is submitted to the jury, or it may be done by the jury.    History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3819 ;-- CL 1948, 213.119