reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 149 of 1911 - Acquisition of Property by State Agencies and Public Corporations (213.21 - 213.41) › Section 213.23a - Scope of Act; Rights Conferred by Act.

213.23a Scope of act; rights conferred by act.
Sec. 3a.
The provisions of this act shall be deemed to extend to and include the right to acquire and take the fee to property; to acquire property adjacent to that required for public highway purposes for the purpose of exchanging it for the property required or for the purpose of replatting or re-arranging the property abutting on the highway after the taking so as to conform with the plan or arrangement in effect before the taking; and to acquire and to take the fee to a whole of a particular parcel of land whenever the acquisition of the portion thereof actually needed would destroy the practical value or utility of the remainder of such parcel, and the question as to whether or not such land is so taken shall be determined by the jury and incorporated in its findings: Provided, however, That before any proceedings are taken under this act involving the taking of any property or property rights in any city or village for the changing, altering, opening or widening of any street or highway, the consent of the village or city council by resolution shall be first obtained.
History:
Add. 1945, Act 288, Imd. Eff. May 25, 1945 ;-- CL 1948, 213.23a
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 149 of 1911 - Acquisition of Property by State Agencies and Public Corporations (213.21 - 213.41) › Section 213.24 - Condemnation Proceedings; Necessity Declared; Authorization; Jurisdiction.

213.24 Condemnation proceedings; necessity declared; authorization; jurisdiction.
Sec. 4.
Proceedings may be commenced and prosecuted under this act whenever a public corporation or state agency shall have declared a public improvement or the purposes of its incorporation or public purposes within the scope of its powers make it necessary, and shall declare that it deems it necessary to take private property for such public improvement or for the purposes of its incorporation or for the public purposes within the scope of its powers, designating the same, and that the improvement is for the use or benefit of the public. It shall by resolution direct its attorney to institute the necessary proceedings in its behalf in the circuit court of the county where the private property sought to be taken is located, or if said property is in a city, the proceeding may be instituted in the court in said city having general jurisdiction of condemnation proceedings for the opening of streets and highways.
History:
1911, Act 149, Eff. Aug. 1, 1911 ;-- CL 1915, 356 ;-- CL 1929, 3766 ;-- CL 1948, 213.24
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 149 of 1911 - Acquisition of Property by State Agencies and Public Corporations (213.21 - 213.41) › Section 213.25 - Condemnation Proceedings; Resolution; Petition; Contents; Jury to Determine Necessity; Compensation.

213.25 Condemnation proceedings; resolution; petition; contents; jury to determine necessity; compensation.
Sec. 5.
The public corporation or state agency shall make and deliver to its attorney a copy of such resolution certified under seal, and it shall be the duty of such attorney to prepare and file in the name of the corporation or state agency in the court having jurisdiction of the proceedings 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 corporation or state agency shall be annexed, which certified copy shall be prima facie evidence of the action taken by the corporation or state agency 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 corporation or state agency in pursuance of this act to acquire the right to take private property for the use or benefit of the public, without the consent of the owners, for a public improvement or for the purposes of its incorporation or for public purposes within the scope of its power, designating the same, for a just compensation to be made. A description of the property to be taken shall be given, and also the names of the owners and others interested in the property so far as can be ascertained. The petition shall also state that the corporation or state agency has declared such improvement or purpose to be necessary, and that it deems it necessary to take the private property described for such improvement or purpose, for the use or benefit of the public. The petition shall ask that a jury be summoned and impanelled to ascertain and determine whether it is necessary to make such public improvement or fulfill such purpose and whether it is necessary to take such property as it is proposed to do for the use or benefit of the public, and to ascertain and determine the just compensation to be made therefor. The petition may state any other pertinent matter or things, and may pray for any other or further relief to which the public corporation or state agency may be entitled within the objects of this act.
History:
1911, Act 149, Eff. Aug. 1, 1911 ;-- CL 1915, 357 ;-- CL 1929, 3767 ;-- CL 1948, 213.25
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 149 of 1911 - Acquisition of Property by State Agencies and Public Corporations (213.21 - 213.41) › Section 213.26-213.41 - Repealed. 1980, Act 87, Eff. Apr. 1, 1983.

213.26-213.41 Repealed. 1980, Act 87, Eff. Apr. 1, 1983.
Compiler's Notes:
The repealed sections pertained to orders for hearing on petition, orders for impaneling jury, court actions, and petitions to condemn land.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.51 - Definitions.

213.51 Definitions.
Sec. 1.
As used in this act:
(a) "Acquire" or "take" means to secure transfer of ownership of property to an agency by involuntary expropriation.
(b) "Acquisition" or "taking" means the transfer of ownership of property to an agency by involuntary expropriation.
(c) "Agency" means a public agency or private agency.
(d) "Appraisal" means an expert opinion of the value of property taken or damaged, or other expert opinion pertaining to the amount of just compensation.
(e) "Constructive taking" or "de facto taking" means conduct, other than regularly established judicial proceedings, sufficient to constitute a taking of property within the meaning of section 2 of article X of the state constitution of 1963.
(f) "Owner" means a person, fiduciary, partnership, association, corporation, or a governmental unit or agency having an estate, title, or interest, including beneficial, possessory, and security interest, in a property sought to be condemned.
(g) "Parcel" means an identifiable unit of land, whether physically contiguous or not, having substantially common beneficial ownership, all or part of which is being acquired, and treated as separate for valuation purposes.
(h) "Private agency" means a person, partnership, association, corporation, or entity, other than a public agency, authorized by law to condemn property.
(i) "Property" means land, buildings, structures, tenements, hereditaments, easements, tangible and intangible property, and property rights whether real, personal, or mixed, including fluid mineral and gas rights.
(j) "Public agency" means a governmental unit, officer, or subdivision authorized by law to condemn property.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.51a - Short Title.

213.51a Short title.
Sec. 1a.
This act shall be known and may be cited as "the uniform condemnation procedures act".
History:
Add. 1980, Act 309, Imd. Eff. Dec. 4, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.52 - Standards Provided; Limitations; Applicable Laws and Court Rules; Commencement of Condemnation Action; Proof of Taking of Property; Certificate of Public Necessity as Condition of Instituting Judicial Proceedings.

213.52 Standards provided; limitations; applicable laws and court rules; commencement of condemnation action; proof of taking of property; certificate of public necessity as condition of instituting judicial proceedings.
Sec. 2.
(1) This act provides standards for the acquisition of property by an agency, the conduct of condemnation actions, and the determination of just compensation. It does not confer the power of eminent domain, and does not prescribe or restrict the purposes for which or the persons by whom that power may be exercised. All laws and court rules applicable to civil actions shall apply to condemnation proceedings except as otherwise provided in this act.
(2) If property is to be acquired by an agency through the exercise of its power of eminent domain, the agency shall commence a condemnation action for that purpose. An agency shall not intentionally make it necessary for an owner of property to commence an action, including an action for constructive taking or de facto taking, to prove the fact of the taking of the property.
(3) If a private agency is required by law to secure a certificate of public necessity from the public service commission or other public agency before it may acquire property, the private agency shall not institute judicial proceedings to acquire the property until it has secured the required certificate.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.53 - Fluid Mineral and Gas Rights.

213.53 Fluid mineral and gas rights.
Sec. 3.
Fluid mineral and gas rights shall be considered excluded from an instrument by which an agency acquires an interest in land unless specifically included in the instrument. The exercise of the fluid mineral and gas rights, as permitted by law, shall not interfere with the use of the property acquired for a public purpose.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.56a - Reversal of Agency's Election of Reservation of Rights; Revised Good Faith Offer; Stipulation to Reverse Agency Election and Waive Cost Recovery Claim Against Owner.

213.56a Reversal of agency's election of reservation of rights; revised good faith offer; stipulation to reverse agency election and waive cost recovery claim against owner.
Sec. 6a.
(1) If an agency elects to reserve its rights to bring a state or federal cost recovery claim against an owner, the court upon motion of the owner, which must be filed within the time prescribed to responsively plead after service of a complaint, may reverse that election and order the agency to waive its claims, if the owner establishes by affidavit, and after an evidentiary hearing if requested by the agency in the time prescribed to provide an answer to a motion, 1 or more of the following circumstances exist with respect to the property:
(a) The property is a single family residence and has been used solely for residential purposes.
(b) The property is "agricultural property" as defined in section 20101 of part 201 (environmental remediation) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.20101 of the Michigan Compiled Laws, and the reservation of rights arises out of a release of hazardous substances caused by the application of a fertilizer, soil conditioner, agronomically applied manure, or a pesticide or a combination of these substances according to label directions and according to generally accepted agricultural and management practices, as defined by the Michigan right to farm act, Act No. 93 of the Public Acts of 1981, being sections 286.471 to 286.474 of the Michigan Compiled Laws.
(c) The owner is the only identified potentially responsible party, the extent of contamination and cost of remediation has been reasonably quantified, and the estimated cost of remediation does not exceed the agency's appraised value of the property.
(2) If the court reverses the agency's election of reservation of rights under subsection (1), the agency shall submit to the owner a revised good faith offer. The revised good faith offer shall be considered the good faith offer for purposes of sections 5 and 16.
(3) An agency and an owner may stipulate that the agency will reverse its election and waive its rights to bring a state or federal cost recovery claim against an owner.
History:
Add. 1993, Act 308, Eff. Jan. 28, 1994 ;-- Am. 1996, Act 58, Imd. Eff. Feb. 26, 1996
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.57 - Vesting of Title in Agency; Vesting of Right to Just Compensation; Delay or Denial.

213.57 Vesting of title in agency; vesting of right to just compensation; delay or denial.
Sec. 7.
(1) If a motion to review necessity is not filed under section 6, the title to the property described in the petition shall vest in the agency as of the date on which the complaint was filed. The right to just compensation shall then vest in the persons entitled to the compensation and be secured as provided in this act. If the motion to review necessity is denied after a hearing and after any further right to appeal has terminated, title to the property shall also vest in the agency as of the date on which the complaint was filed or such other date as the court may set upon motion of the agency.
(2) Vesting of title in the agency shall not be delayed or denied because of any of the following:
(a) A motion filed under section 6a, challenging the agency's election to reserve its rights to bring federal or state cost recovery actions.
(b) A motion challenging the agency's escrow under section 8.
(c) An allegation that the agency should have offered a higher amount for the property.
(d) An allegation that the agency should have included additional property in its good faith written offer.
(e) Any other reason except a challenge to the necessity of the acquisition filed under section 6.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1993, Act 308, Eff. Jan. 28, 1994 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.60 - Order Fixing Date for Hearing.

213.60 Order fixing date for hearing.
Sec. 10.
Upon filing the complaint, the court shall enter an order fixing a day for a hearing which shall not be less than 21 days after the complaint is served. The order shall recite or have annexed to the order the names of the persons mentioned in the complaint as owners, reasonably describe the property to be taken, state the purpose of the complaint, and order the persons to appear before the court at the time fixed in the order for the hearing on the complaint.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.61 - Scheduling Order; Exchange of Appraisal Reports; Opportunity for Discovery; Appraisal Report; Testimony Relating to Value of Real Property; Orders to Facilitate Compliance.

213.61 Scheduling order; exchange of appraisal reports; opportunity for discovery; appraisal report; testimony relating to value of real property; orders to facilitate compliance.
Sec. 11.
(1) Upon motion of either party, the court shall issue a scheduling order to assure that the appraisal reports are exchanged and the parties are afforded a reasonable opportunity for discovery before a case is submitted to mediation, alternative dispute resolution, or trial.
(2) An appraisal report provided pursuant to this section shall fairly and reasonably describe the methodology and basis for the amount of the appraisal. If the testimony or opinion of a person relating to the value of real property would require a license under article 26 of the occupational code, Act No. 299 of the Public Acts of 1980, being sections 339.2601 to 339.2637 of the Michigan Compiled Laws, the appraisal shall comply with section 2609 of Act No. 299 of the Public Acts of 1980, being section 339.2609 of the Michigan Compiled Laws, and the standards adopted under section 2609 of Act No. 299 of the Public Acts of 1980 and the person shall not be permitted to testify or otherwise render an opinion relating to the value of real property unless the person is licensed under that article. An owner is not required to be licensed or to comply with professional appraisal standards to testify to the value of the owner's property.
(3) The court may issue orders to facilitate compliance with this section, including but not limited to orders to require mutual simultaneous exchange of the agency's updated appraisal report, if any, and the owner's appraisal report. If an appraisal report has not been provided pursuant to this section, the appraisal report shall not be considered in mediation or alternative dispute resolution proceedings unless specifically authorized by court order. If an appraisal report has not been provided pursuant to this section, the court may bar the taking of appraisal testimony from the appraisal expert, unless the court finds good cause for the failure and finds that the interests and opportunity of the other party to prepare have not been prejudiced.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.62 - Just Compensation; Trial by Jury.

213.62 Just compensation; trial by jury.
Sec. 12.
(1) A plaintiff or defendant may demand a trial by jury as to the issue of just compensation pursuant to applicable law and court rules. The jury shall consist of 6 qualified electors selected pursuant to chapter 13 of Act No. 236 of the Public Acts of 1961, as amended, being sections 600.1301 to 600.1376 of the Michigan Compiled Laws, and shall be governed by court rules applicable to juries in civil cases in circuit court.
(2) Unless there is good cause shown to the contrary, there shall be a separate trial as to just compensation with respect to each parcel.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.63 - Just Compensation; Verdict; Division of Award.

213.63 Just compensation; verdict; division of award.
Sec. 13.
The jury or the court shall award in its verdict just compensation for each parcel. After awarding the verdict, on request of any party, the court shall divide the award among the respective parties in interest, whether the interest is that of mortgagee, lessee, lienor, or otherwise, in accordance with proper evidence submitted by the parties in interest.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.63a - Duplicative Payment Prohibited.

213.63a Duplicative payment prohibited.
Sec. 13a.
A person is not entitled to a payment in connection with the acquisition of all or part of that person's property under this act if that payment would be duplicative of any grant or other payment received under any state or federal statute or regulation.
History:
Add. 1996, Act 474, Imd. Eff. Dec. 26, 1996
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.64 - Notes and Exhibits to Assist Jury.

213.64 Notes and exhibits to assist jury.
Sec. 14.
To assist the jury in arriving at its verdict the court may allow the jury when it retires to take with it notes and any map, plan, or other exhibit admitted in the case as an exhibit.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.65 - Interest on Judgment Amount.

213.65 Interest on judgment amount.
Sec. 15.
(1) The court shall award interest on the judgment amount or part of the amount from the date of the filing of the complaint to the date that payment of the amount or part of the amount is tendered. However, if a portion of the judgment is attributable to damages incurred after the date of surrender of possession, the court shall award interest on that portion of the judgment from the date the damage is incurred.
(2) Interest shall be computed at the interest rate applicable to a federal income tax deficiency or penalty. However, an owner remaining in possession after the date that the complaint is filed waives the interest for the period of the possession.
(3) If it is determined that a de facto acquisition occurred at a date earlier than the date of filing the complaint, interest awarded under this section shall be calculated from the earlier date.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.67 - Discontinuance.

213.67 Discontinuance.
Sec. 17.
The agency shall not discontinue the action after the granting of possession or vesting of title to the property taken. In case of a discontinuance, the agency, as a condition of discontinuance, shall pay the actual expenses, reasonable attorney fees, and actual damages to all the parties affected by the discontinuance as determined by the court.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.68 - Reimbursement of Expenses in Evaluating Agency's Offer, Preparing for Trial, or Negotiating Settlement; Enforcement of Rights; Filing Claim.

213.68 Reimbursement of expenses in evaluating agency's offer, preparing for trial, or negotiating settlement; enforcement of rights; filing claim.
Sec. 18.
(1) If any agency acquires property without commencement of an action or abandons its efforts to acquire property after making the jurisdictional good faith written offer required by section 5 to the owners of the property and if the owners of the property reasonably relied upon the agency's action, the owners shall be reimbursed by the agency for the reasonable expenses incurred in evaluating the agency's good faith written offer, in preparing for trial, or in negotiating a settlement, if those expenses would have been taxable as costs under section 16. For the purpose of this section, the jurisdictional written offer includes only written offers made under threat of institution of judicial proceedings to acquire the property.
(2) The rights created by this section may be enforced in a court having jurisdiction over claims for damages against the agency, or in a court in which an action under this act for the acquisition of the property could have been filed.
(3) The claim for reimbursement of expenses shall be filed within 1 year after the date on which the property is acquired or after the date on which notice of abandonment of the intention to acquire the property is mailed to the owner.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77) › Section 213.69 - Agreement on Compensation or Method of Determining Compensation.

213.69 Agreement on compensation or method of determining compensation.
Sec. 19.
At any stage of the proceedings, the agency and the owner may agree upon all or part of the compensation, or upon a method for determining all or a part of the compensation, and may proceed to have those parts not agreed upon determined as provided in this act. The agency may make payment of a part of the compensation agreed upon, or enter into a contract to pay in the future based upon an agreed method of determining the compensation.
History:
1980, Act 87, Imd. Eff. Apr. 8, 1980
2023 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
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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.
We find that it is .................. necessary to take the absolute title in fee to the private property described in the petition in this cause, for the use of the public.
PART II.
The just compensation to be paid for such private property we have ascertained and determined, and hereby award as follows:
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