reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.120 - Jury to Determine Necessity; Oath; Duties; Instruction; Written Verdict.

213.120 Jury to determine necessity; oath; duties; instruction; written verdict.
Sec. 10.
Whenever the city attorney, corporation council [counsel] or the law officer of the city shall request that the jury be empaneled under the proviso contained in section 3 of this act, such jury 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 public utility which the petition describes and prays may be taken for public use, 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 laws 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, in charge of an officer, go to the place where the public utility sought to be taken is situated and upon or as near thereto as practicable and examine the premises. They shall be instructed as to their duties and the law 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, 3820 ;-- CL 1948, 213.120
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.121 - Finding of No Necessity to Take Absolute Fee; Further Proceedings.

213.121 Finding of no necessity to take absolute fee; further proceedings.
Sec. 11.
If the jury find that it is not necessary to take the absolute title in fee to the public utility mentioned in the petition for public use, such finding may be set aside either on a motion for a new trial or on appeal to the supreme court, as herein provided, but such finding shall in no event be a bar to the institution of new proceedings.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3821 ;-- CL 1948, 213.121
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.122 - Finding of Necessity; Right to Possession on Giving Security; Writ of Assistance.

213.122 Finding of necessity; right to possession on giving security; writ of assistance.
Sec. 12.
If the jury find that it is necessary to take for public use the absolute title in fee to such public utility, the petitioner may at once take possession of said property upon giving security to be approved by the court, after due notice to all parties concerned, to make just compensation to all persons entitled thereto for the taking the absolute title in fee to said public utility for public use by petitioner, under this act and in case said verdict is set aside said city to account to the owner or persons interested for all rents or profits derived by it from such possession and to indemnify them for all damages they may sustain thereby, and in the event said petitioner shall be entitled, on making a sufficient showing, to a writ of assistance to put it in possession of the property, as if the compensation for the taking of the absolute title in fee to such property awarded by the jury had been awarded and paid into the city treasury in accordance with section 20 of this act.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3822 ;-- CL 1948, 213.122
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.123 - Finding of Necessity; Determination of Compensation; Oath of Jurors; Duties; Instruction; Award.

213.123 Finding of necessity; determination of compensation; oath of jurors; duties; instruction; award.
Sec. 13.
If the jury find that it is necessary to take for public use the absolute title in fee to the public utility mentioned in the petition, and no motion for a new trial having been made or determined, and no appeal from such finding of said jury being pending in the supreme court, then either the petitioner or any person entitled to compensation for the taking of said property may move the court for the empaneling of a jury to determine the just compensation therefor, and thereupon a jury shall be summoned and empaneled in accordance with section 6 of this act. All 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, determine and award the just compensation to be made for the taking for public use the absolute title in fee to the utility mentioned in the petition and faithfully and impartially discharge all other duties that 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, in the charge of an officer, go to the place where said public utility sought to be taken is situated, and upon or as near thereto as practicable and examine the premises. They shall be instructed in their duties and the law 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. The jury shall award just compensation therefor to the owners of the absolute title in fee of the property taken, as well as to the owners of any mortgage, lease, agreement, lien, estate, or other interest therein, but the petitioner may take such property subject to any mortgage or lien therein in manner and form as provided in section 8 of this act.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3823 ;-- CL 1948, 213.123
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.124 - Setting Aside Verdict; New Trial; Amendments.

213.124 Setting aside verdict; new trial; amendments.
Sec. 14.
The verdict of the jury may be set aside by the court, either wholly or in part, and a new trial ordered either upon the whole case or upon such parts thereof as the court may deem just. Amendments either in form or substance may be allowed in any paper, petition, process, record or proceedings, or in the description of property proposed to be taken, or the name of any person, whether contained in a resolution passed by the common council, or otherwise, whenever the amendment will not interfere with the substantial rights of the parties. Any such amendment may be made after as well as before judgment confirming the verdict of the jury.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3824 ;-- CL 1948, 213.124
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.125 - Motions for New Trial; Proceedings Arrested; Confirmation, Judgment, Finality.

213.125 Motions for new trial; proceedings arrested; confirmation, judgment, finality.
Sec. 15.
Motions for a new trial or to arrest the proceedings shall be made within 2 days after the rendition of the verdict unless further time is allowed by the court; and if no such motion is made, or being made is overruled, the court shall enter an order or judgment confirming the verdict of the jury; and such judgment of confirmation, unless reversed by the supreme court, shall be final and conclusive as to all persons interested therein.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3825 ;-- CL 1948, 213.125
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.126 - Appeal; Procedure.

213.126 Appeal; procedure.
Sec. 16.
Any person whose property may be taken, as well as the petitioner, considering himself aggrieved, may appeal to the supreme court from the judgment of the court confirming the verdict of the jury by filing in writing with the clerk of said court a notice of such appeal within 5 days after the confirmation and within the same time serving a copy thereof on the city attorney, corporation counsel or other law officer of the city and filing a bond in said court, to be approved by the judge thereof, conditioned for the prosecution of said appeal to judgment and the payment of all costs, damages and expenses that may be awarded against him, in case the judgment or confirmation shall be affirmed. Such appeal shall be perfected within the same time and prosecuted as an appeal in chancery, as near as may be, subject to the provisions of this act.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3826 ;-- CL 1948, 213.126
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.127 - Appeal; Records Transmitted, Fees; Settlement of Case by Judge.

213.127 Appeal; records transmitted, fees; settlement of case by judge.
Sec. 17.
In case of such appeal the clerk of the court, on payment of his legal fees and charges, shall transmit to the supreme court a certified copy of the necessary files, records and proceedings in the case; and the judge of the court shall, at the request of the appellant, settle a case according to the usual practice of said court, showing the material evidence and instructions given to the jury bearing upon any disputed points to which exception was taken, and the objections, rulings, and exceptions in the case, all of which shall be returned by said clerk as part of the records, to the clerk of the supreme court.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3827 ;-- CL 1948, 213.127
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.128 - Appeal; Hearing; Determination; Expenses, Compensation, Damage.

213.128 Appeal; hearing; determination; expenses, compensation, damage.
Sec. 18.
The said appeal may be brought on for hearing at any term of the supreme court, and said court may affirm, or for any substantial error reverse the judgment, either in whole or in part, and may grant a new trial, either upon the whole case or upon such parts as the court may deem just. The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and all costs, damages and expenses awarded to the city, if it so elect, may be applied on or deducted from the compensation, if any, to be paid, or execution may issue on the judgment. Damages may be awarded against a party appealing without reasonable cause.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3828 ;-- CL 1948, 213.128
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.129 - Verdict; Copy Transmitted to Council; Collection of Award.

213.129 Verdict; copy transmitted to council; collection of award.
Sec. 19.
When the verdict of the jury shall have been finally confirmed by the court, and the time in which to take an appeal has expired, or, if an appeal is taken, on the filing in the court below of a certified copy of the order of the supreme court affirming the judgment of confirmation, it shall be the duty of the clerk of the court to transmit to the common council a certified copy of the verdict of the jury, and of the judgment of confirmation, and of the judgment, if any, of affirmance; and thereupon the proper and necessary proceedings, in due course, shall be taken for the collection of the sum or sums awarded by the jury.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3829 ;-- CL 1948, 213.129
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.131 - Jury Fees; Compensation.

213.131 Jury fees; compensation.
Sec. 21.
Officers, jurors and witnesses in any proceedings under this act shall be entitled to receive from the city instituting the proceedings the same fees and compensation as are provided by law for similar services in an ordinary action at law in the circuit courts of this state.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3831 ;-- CL 1948, 213.131
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.132 - Attorney Fees; Expenses, Costs; Payment by Municipality.

213.132 Attorney fees; expenses, costs; payment by municipality.
Sec. 22.
All the expenses and costs of the proceedings to take and use private property under this act incurred by the city shall be paid out of the general fund, contingent fund, or a fund provided for such purposes, as the case may be; and it shall be lawful for the judge in any case to order the payment by the city to any respondent of such a reasonable attorney fee as he may deem just not exceeding 25 dollars, which may be taxed with the costs.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3832 ;-- CL 1948, 213.132
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.133 - Discontinuance Prohibited After Verdict; Further Proceedings.

213.133 Discontinuance prohibited after verdict; further proceedings.
Sec. 23.
The common council shall not have the power to discontinue proceedings under this act after the rendition of the verdict of the jury that it is necessary to take the absolute title in fee to the property for public use and awarding compensation therefor, but they may direct the city attorney, corporation counsel, or other law officer of the city, to move for a new trial, or to arrest the proceedings, or to take an appeal to the supreme court, and in any such case the same proceedings shall be taken as are hereinbefore prescribed in the case of like proceedings on the part of any respondent, except that no bond shall be required.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3833 ;-- CL 1948, 213.133
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134) › Section 213.134 - Property Ownership; Prima Facie Evidence.

213.134 Property ownership; prima facie evidence.
Sec. 24.
It shall be prima facie evidence as to who are owners of and persons interested in any property proposed to be taken in the proceedings instituted under this act if the register or deputy register of deeds of the county shall testify in open court that he has examined the records and titles in his office, and states who such records show are the owners of and persons interested in such property, and the nature and extent of such ownership and interest; and an abstract of the title of such property, or of any parcel or parcels thereof, certified by the register or deputy register of deeds, shall also be prima facie evidence as to ownership, and persons having an interest in any such property, and the extent and nature of such interest.
History:
1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3834 ;-- CL 1948, 213.134
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 215 of 1925 - Acquiring Railroad or Public Utility Right of Way for Trunk Line Highway (213.151 - 213.153) › Section 213.151 - Public Utility Right-of-Way; Acquisition by State Highway Commissioner; Acquisition and Exchange of Other Property.

213.151 Public utility right-of-way; acquisition by state highway commissioner; acquisition and exchange of other property.
Sec. 1.
Whenever, in the discretion of the state highway commissioner, it is necessary to acquire the property or rights of way, or any part of or interest in said property or rights of way, owned by a railroad, railway or public utility having the right of eminent domain, in order to establish, construct, widen, straighten, alter, relocate or otherwise improve a trunk line highway, the state highway commissioner shall be authorized to enter into negotiations with such railroad, railway or public utility for the purchase of said property, rights of way, or any part thereof or interest therein, and to enter into an agreement with any such railroad, railway or public utility to exchange other designated property or interests in property for such property, rights of way, or any part thereof or interests therein, whenever such other designated property or interests in property shall be acquired by him; and whenever any such agreement has been entered into, the said state highway commissioner shall be authorized and he is hereby empowered to acquire such other property or interests in property by purchase or condemnation, and when acquired to execute the necessary conveyances and releases thereof to such railroad, railway or public utility for its use, and to take in exchange therefor the railroad, railway or public utility property, rights of way or any part thereof or interests therein for such public highway purposes in accordance with such agreement.
History:
1925, Act 215, Imd. Eff. May 6, 1925 ;-- CL 1929, 3881 ;-- CL 1948, 213.151 ;-- Am. 1957, Act 260, Imd. Eff. June 6, 1957
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 215 of 1925 - Acquiring Railroad or Public Utility Right of Way for Trunk Line Highway (213.151 - 213.153) › Section 213.152 - Public Utility Property; Condemnation Procedure.

213.152 Public utility property; condemnation procedure.
Sec. 2.
The procedure that is, or may be, prescribed for condemnation proceedings instituted by boards of county road commissioners or the procedure that is, or may be, provided for the condemnation by state agencies and public corporations of private property for the use or benefit of the public, is hereby expressly made applicable to any proceeding brought by the state highway commissioner under the provisions of this act.
History:
1925, Act 215, Imd. Eff. May 6, 1925 ;-- CL 1929, 3882 ;-- CL 1948, 213.152
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 215 of 1925 - Acquiring Railroad or Public Utility Right of Way for Trunk Line Highway (213.151 - 213.153) › Section 213.153 - Public Utility Property; Payment.

213.153 Public utility property; payment.
Sec. 3.
Whenever any property or interests in property shall be acquired by the state highway commissioner under and by virtue of the provisions of this act, the consideration or compensation to be paid therefor shall be paid out of the state highway funds.
History:
1925, Act 215, Imd. Eff. May 6, 1925 ;-- CL 1929, 3883 ;-- CL 1948, 213.153 ;-- Am. 1957, Act 260, Imd. Eff. June 6, 1957
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.172 - Property for County and Trunk Line; Conveyances, Name, Fluid Mineral and Gas Rights, Recording.

213.172 Property for county and trunk line; conveyances, name, fluid mineral and gas rights, recording.
Sec. 2.
Property for a county road shall be secured by the board of county road commissioners and shall be taken in the name of the county. Property for trunk line highway purposes shall be secured by the state highway commissioner and shall be taken in the name of the state, excepting that excess property taken for highway purposes shall be taken in the name of the state highway commissioner. All such property shall be acquired by a release or other appropriate conveyance duly executed by the owner or owners of the lands and acknowledged and witnessed in the manner provided by law for the acknowledging and witnessing of deeds: Provided, That fluid mineral and gas rights shall be deemed excluded from such release or conveyance unless specifically included therein. The exercise of such fluid mineral and gas rights, as permitted by law, shall not interfere with the use of such property. All such releases and conveyances shall be recorded in the office of the register of deeds of the county in which the land is situated.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3885 ;-- Am. 1935, Act 258, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.172 ;-- Am. 1962, Act 22, Eff. Mar. 28, 1963
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.173 - Payment of Purchase Price for Property.

213.173 Payment of purchase price for property.
Sec. 3.
Property for highway purposes shall be paid for by the board or commissioner out of any funds under their control, available for that purpose. Any payment or tender of money under this act may be made in the form of a warrant drawn on the county or state treasury as the case may be.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3886 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.173
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.190 - Confirmation of Commissioner's Report; Witness, Attorney, Damage Fees.

213.190 Confirmation of commissioner's report; witness, attorney, damage fees.
Sec. 20.
After the court shall confirm the report of the court commissioners, it shall enter an order authorizing the board or commissioner to pay the several sums awarded for damages, and they shall pay the same accordingly. The court may determine and include in said order an allowance to the person, partnership or corporation from whom property is taken for attorney fees and witness fees as taxed before and determined by the court. Such attorney fees and witness fees shall be paid at the same time and in the same manner as sums awarded for damages in such proceeding: Provided, That it shall not be lawful for the court to make such order allowing witnesses and attorney fees to more than 1 title interest and such lien interests as are adverse thereto and to each other in any single parcel of real estate as set up and described in the determination of necessity on file: And provided further, That in the case of a parcel whose value is under $100.00, no such attorney fee shall exceed $5.00, and in the case of a parcel valued at $100.00 or more, no such attorney fee shall exceed $25.00. Such payment shall be made in money or by an order drawn on the proper county or state treasurer, to the several persons entitled thereto, and if refused, or if there be no person properly authorized to receive the same, or if the person entitled thereto is a non-resident of the county or cannot be found, it shall be deposited as directed by the court.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3903 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.190
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.191 - Compensation of Highway Condemnation Commissioners; Expenses.

213.191 Compensation of highway condemnation commissioners; expenses.
Sec. 21.
The court shall fix the compensation of the court commissioners, not to exceed $50.00 per day, and determine the amount of necessary expenses incurred in connection with such proceedings, and the whole cost thereof.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3904 ;-- CL 1948, 213.191 ;-- Am. 1961, Act 172, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.192 - Prima Facie Evidence; Certificate, Report, or Determination.

213.192 Prima facie evidence; certificate, report, or determination.
Sec. 22.
Any certificate, report or determination authorized or required by this chapter, or the record thereof, or a certified copy of any such certificate, report, determination or record, shall be prima facie evidence of the facts recited therein and of the title to the property therein described or referred to in the county or state, as the case may be, and of the right of the board or commissioner to take the same for highway purposes.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3905 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.192