reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.193 - Right to Acquire Property of Municipalities and Cemetery Associations; Exchange.

213.193 Right to acquire property of municipalities and cemetery associations; exchange.
Sec. 23.
The provisions of this chapter shall be deemed to extend to and include the right to acquire and take property and property rights held, reserved, owned, used or occupied by any cemetery association or municipality, or by any person, firm, society, association or corporation for cemetery or municipal purposes; to acquire and take property desired by the board or commissioner to exchange for other property which in his or their opinion it is necessary to acquire for highway purposes, whenever he or they have agreed in writing with the owner or owners of such property for such exchange; and to acquire and take the fee to the whole of a particular lot or parcel of land whenever in the opinion of the board or commissioner it is advisable to provide for the proper construction, improvement or maintenance of highways.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3906 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.193
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.194 - Sale of Excess Land; Conveyance; Record.

213.194 Sale of excess land; conveyance; record.
Sec. 24.
Whenever the whole of a lot or parcel of land is, or has been, taken by any board or the commissioner, as provided in the preceding section, such board or commissioner, or his or their successors in office shall have the right, and are hereby authorized, to sell and convey the portion not needed, on whatever terms such board or commissioner may deem proper: Provided, That in those cases where the title to excess lands, acquired by the state highway commissioner under any law of this state, has been taken in the name of the state of Michigan, it shall be lawful for the state highway commissioner, and he is hereby authorized and empowered to sell and convey said lands as if the title thereto had originally been taken in his name as hereinbefore provided: And provided further, A record of all such sales, showing the appraised value, the sale price and other pertinent information, shall be kept in the office of the state highway commissioner.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3907 ;-- Am. 1935, Act 258, Eff. Sept. 21, 1935 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.194
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.195 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

213.195 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
Compiler's Notes:
The repealed section applied the act to pending condemnation proceedings.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.197 - Review by Certiorari; Procedure; Time Limitations.

213.197 Review by certiorari; procedure; time limitations.
Sec. 27.
Any proceeding taken under the provisions of this act shall be subject to review upon certiorari. The procedure therefor shall be the same as is required in case of certiorari to review judgments rendered by judges of the circuit courts: Provided, That the application for certiorari must be filed within 20 days after the report of the court commissioners shall have been confirmed: And provided further, That the determination of necessity provided in section 4 of this act may be reviewed by certiorari only within 10 days after such determination of necessity and the procedure shall be the same as review of judgments rendered by a justice of the peace, except that such certiorari may be heard by the court during term or at chambers upon 5 days' notice given to the opposing party.
History:
1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3910 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.197
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.198 - State Highway Commissioner or Deputy May Conduct Proceedings.

213.198 State highway commissioner or deputy may conduct proceedings.
Sec. 28.
Any act or proceeding herein directed or authorized to be performed or conducted by the state highway commissioner may be done by said state highway commissioner in person, or by 1 of his deputies; or the state highway commissioner may generally or specifically deputize any person to hold or conduct any hearing directed by this act and said deputized person shall report his conclusions and recommendations to the state highway commissioner, who shall then make his determination thereon. Any action by such deputy, or any hearing or other proceeding conducted by him shall be deemed to be for the purpose of this act, and have the same legal force and significance as though personally performed by the said state highway commissioner.
History:
Add. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3911 ;-- CL 1948, 213.198
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199) › Section 213.199 - All Notices and Orders; Service.

213.199 All notices and orders; service.
Sec. 29.
All notices and orders heretofore mentioned in this act, unless otherwise provided, shall be served as follows:
(a) Personally; or
(b) By leaving a copy at the residence of the person or persons interested; or
(c) By mailing a copy thereof by registered mail at the last known post office address of each person or persons, so far as is known, and by publication in some newspaper printed or circulated in the county in which such lands are located at least 7 days prior to the date of hearing; or
(d) Non-residents of the county may be served in any of the above methods or by posting copies thereof in 5 conspicuous places in the township, 1 of which shall be on the property.
History:
Add. 1931, Act 216, Eff. Sept. 18, 1931 ;-- CL 1948, 213.199
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 190 of 1929 - Acquiring Property for Boulevard, Street, or Alley (213.221 - 213.223) › Section 213.221 - Boulevard, Street and Alley; Fee of Adjacent Property, Acquisition.

213.221 Boulevard, street and alley; fee of adjacent property, acquisition.
Sec. 1.
Whenever the legislative body of any municipality shall determine that it is necessary to acquire, open or widen any boulevard, street or alley within said municipality, and whenever such legislative body shall determine that in order to carry out such proposed improvement most advantageously that it is necessary to take private property adjacent to the proposed improvement, the fee to such private property may be purchased or taken by condemnation proceedings and the taking of such private property for the purpose of advantageously carrying out the proposed improvement contemplated is hereby declared to be a taking for a public purpose.
History:
1929, Act 190, Imd. Eff. May 20, 1929 ;-- CL 1929, 3912 ;-- CL 1948, 213.221
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 190 of 1929 - Acquiring Property for Boulevard, Street, or Alley (213.221 - 213.223) › Section 213.222 - Boulevard, Street and Alley; Condemnation Proceedings.

213.222 Boulevard, street and alley; condemnation proceedings.
Sec. 2.
If condemnation proceedings are resorted to for the purpose of securing any such fee to such private property such condemnation proceedings may be brought in accordance with the provisions of the charter of such municipality or in accordance with any other appropriate provisions therefor as exist or shall be made by law.
History:
1929, Act 190, Imd. Eff. May 20, 1929 ;-- CL 1929, 3913 ;-- CL 1948, 213.222
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 190 of 1929 - Acquiring Property for Boulevard, Street, or Alley (213.221 - 213.223) › Section 213.223 - Boulevard, Street and Alley; Sale of Unused Portion.

213.223 Boulevard, street and alley; sale of unused portion.
Sec. 3.
After the completion of said improvements such municipality may lease or sell such parts of said property as are not to be actually used for such boulevard, street or alley, with or without such restrictions as may be appropriate to the improvements made.
History:
1929, Act 190, Imd. Eff. May 20, 1929 ;-- CL 1929, 3914 ;-- CL 1948, 213.223
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 140 of 1945 - Acquisition of Overhead and Underground Rights (213.251 - 213.251) › Section 213.251 - Overhead and Underground Rights; Acquisition; Purposes.

213.251 Overhead and underground rights; acquisition; purposes.
Sec. 1.
Any public corporation, authority or agency of this state empowered by law to acquire private property for the laying out, establishment or development of public streets and highways within their respective jurisdictions is hereby authorized to acquire overhead and underground rights, and rights of access, air, view and light for the laying out, establishment and development of such public streets and highways. Such rights may be acquired by gift, devise, purchase or condemnation in the same manner as such public corporation, authority or agency is now or hereafter may be authorized by law to acquire property or property rights for public purposes within the scope of its powers, either separately or in conjunction with any other property right or rights, and may also be acquired for the establishment or development of limited access highways as defined and provided for by the provisions of Act No. 205 of the Public Acts of 1941.
History:
1945, Act 140, Imd. Eff. May 4, 1945 ;-- CL 1948, 213.251
Compiler's Notes:
For provisions of Act 205 of 1941, referred to in this section, see MCL 252.51 et seq.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 379 of 1927 - Service on Unknown Owners or Claimants in Condemnation Proceedings (213.261 - 213.261) › Section 213.261 - Condemnation; Service of Process on Unknown Claimants.

213.261 Condemnation; service of process on unknown claimants.
Sec. 1.
If there be any person interested in any land that is now or may hereafter be subject to any condemnation proceedings, whose name appears in the records of any public office as having at any time claimed any right, title, interest or estate in the subject matter of such proceedings, or any portion thereof, or any lien or charge thereon, without having conveyed or released the same or who might at any time under the provisions or legal effect of any instrument of record, claim or be entitled to claim any benefits thereunder, and it is not known whether such person is living or dead, or where he may reside, if living, or whether the title, interest, claim, lien or possible right has been by him assigned to any person or persons, or if dead, whether he has personal representatives or heirs living, or where they or some of them may reside, or whether such title, interest, claim, lien or possible right has been disposed of by will, it shall be lawful to make such person, and everyone claiming under him, defendants in such suit or proceeding, by naming such person and adding the words,—"or his unknown heirs, devisees, legatees and assigns", and he or they shall be served by process or notice, as required by law to be served in condemnation proceedings, by publication or otherwise, as provided in sections 12371 to 12378 inclusive, and sections 12449 to 12452 inclusive, as amended, of the Compiled Laws of the state of Michigan of 1915, the same being the several sections providing for substituted service on unknown, concealed or non-resident defendants. Upon such publication as hereinbefore provided, the said owner or claimant so named and described and/or his unknown heirs, devisees, legatees, and assigns, and the land in said notice described, shall thereby be subjected to the jurisdiction of the court, the commission or the commissioners, as the case may be.
History:
1927, Act 379, Eff. Sept. 5, 1927 ;-- CL 1929, 3915 ;-- CL 1948, 213.261
Compiler's Notes:
Sections 12371 to 12378 and sections 12449 to 12452, referred to in this section, were repealed by Act 236 of 1961. See now MCL 600.101 et seq.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Repealed - Act 323 of 1931 - Damages in Condemnation Proceedings (213.271 - 213.272)

DAMAGES IN CONDEMNATION PROCEEDINGS
Act 323 of 1931
213.271,213.272 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 270 of 1931 - Application of Condemnation Awards Against Taxes and Special Assessments (213.291 - 213.291) › Section 213.291 - Condemnation Awards; Application to Payment of Taxes and Special Assessments.

213.291 Condemnation awards; application to payment of taxes and special assessments.
Sec. 1.
In the case of property taken in any condemnation proceedings, the award shall first be applied to the payment of all delinquent taxes and/or delinquent special assessments and current taxes and current special assessments which have become due and payable. In case such award shall be insufficient to pay all of such taxes and/or special assessments, such award shall be applied pro rata to the payment of such taxes and/or special assessments, and such payment shall be deemed satisfaction of such taxes and/or special assessments as to the property so taken and the petitioner shall be entitled to a receipt from the proper tax collecting officer or officers so stating. In case title to such property passes, by virtue of such proceedings after the date upon which the assessment roll is required to be completed and before the tax becomes due and payable, the unit of government, board, department or commission that is the petitioner in the condemnation proceeding shall pay such taxes and special assessments when the same become due and payable. Where lands have been bid in to the state at tax sales and the period of redemption has not expired, the amount required to redeem from such sale shall be considered as unpaid taxes.
History:
1931, Act 270, Eff. Sept. 18, 1931 ;-- Am. 1941, Act 365, Eff. Jan. 10, 1942 ;-- Am. 1947, Act 24, Imd. Eff. Apr. 3, 1947 ;-- CL 1948, 213.291
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 288 of 1957 - Taking Property of Public Hospital, College, or University (213.301 - 213.304) › Section 213.301 - Property of Public College, University or Hospital; Condemnation, Definitions.

213.301 Property of public college, university or hospital; condemnation, definitions.
Sec. 1.
As used in this act
(a) "Public hospital" means a hospital whose property, or any portion of whose property, is exempt from taxation under the provisions of Act No. 206 of the Public Acts of 1893, as amended, being sections 211.1 to 211.157 of the Compiled Laws of 1948.
(b) "Public college" and "public university" mean any such institution which has been established for at least the 10 years immediately preceding any proposed taking of any of its property and which is empowered by the state to grant degrees.
History:
1957, Act 288, Imd. Eff. June 14, 1957
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 288 of 1957 - Taking Property of Public Hospital, College, or University (213.301 - 213.304) › Section 213.302 - Property of Public College, University or Hospital; Determination of Relative Necessity.

213.302 Property of public college, university or hospital; determination of relative necessity.
Sec. 2.
No property of any public hospital or public college or public university shall be taken by the public or by any corporation for public use unless there has been a determination that the public use for which the property is to be taken is more necessary to the public than the present use or any reasonably contemplated future use to which it is or may be put by the public hospital or public college or public university.
History:
1957, Act 288, Imd. Eff. June 14, 1957
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 288 of 1957 - Taking Property of Public Hospital, College, or University (213.301 - 213.304) › Section 213.303 - Property of Public College, University or Hospital; Judicial Determination of Necessity.

213.303 Property of public college, university or hospital; judicial determination of necessity.
Sec. 3.
The judicial determination of relative necessity hereby required shall be obtained in the same manner as is prescribed for a declaration of rights under Act No. 36 of the Public Acts of 1929, being sections 691.501 to 691.507 of the Compiled Laws of 1948, and shall be a condition precedent to the commencement hereafter of any other judicial proceedings for the taking of any such property.
History:
1957, Act 288, Imd. Eff. June 14, 1957
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 288 of 1957 - Taking Property of Public Hospital, College, or University (213.301 - 213.304) › Section 213.304 - Judicial Determination; Abatement of Pending Proceedings.

213.304 Judicial determination; abatement of pending proceedings.
Sec. 4.
This act shall abate all pending judicial proceedings for the taking of any such property in which judgment has not become final prior to the effective date hereof.
History:
1957, Act 288, Imd. Eff. June 14, 1957
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Repealed - Act 207 of 1965 - Proration of Taxes on Property Acquired for Public Purposes (213.311 - 213.312)

PRORATION OF TAXES ON PROPERTY ACQUIRED FOR PUBLIC PURPOSES
Act 207 of 1965
213.311,213.312 Repealed. 1976, Act 67, Imd. Eff. Apr. 5, 1976.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.321 - Definitions.

213.321 Definitions.
Sec. 1.
As used in this act:
(a) "Business" means a lawful activity, except farming operations, conducted primarily for the purchase, sale, lease or rental of real or personal property, for the manufacture, processing or marketing of products, commodities or other personal property, the sale of services to the public or outdoor advertising and includes nonprofit organizations.
(b) "Displaced person" means a person who vacates real property or removes his personal property therefrom pursuant to a program undertaken by a state agency which results in the acquisition of the real property in whole or in part, or in an order to vacate the real property.
(c) "Farming operations" means a lawful activity conducted primarily for the production of an agricultural product or commodity, including timber, for sale or home use, in customarily sufficient quantities as to be capable of contributing materially to the income of the owner or operator.
(d) "State agency" means any department, agency or instrumentality of the state or of a political subdivision of the state; a combination thereof or a corporation within the state which has the power of eminent domain. No state agency shall supersede any already established boards, commissions or agencies created by the state statute or federal rules that remove citizens' participation in any city of 1,000,000 or more.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.322 - Relocation Assistance Advisory Services for Displaced Persons and Certain Occupants of Real Property.

213.322 Relocation assistance advisory services for displaced persons and certain occupants of real property.
Sec. 2.
When a program is undertaken by a state agency which will require the acquisition of real property or its vacation by its occupants, the state agency shall provide a relocation assistance advisory services program for displaced persons offering the assistance provided by this act. If the state agency determines that a person occupying real property immediately adjacent to real property acquired under such program is caused substantial economic injury because of the acquisition, the person may be offered relocation assistance advisory services under this act.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.323 - Functions of Relocation Assistance Advisory Services Program.

213.323 Functions of relocation assistance advisory services program.
Sec. 3.
(1) A relocation assistance advisory services program shall:
(a) Determine the needs of displaced persons for relocation assistance.
(b) Assist owners of displaced businesses and farming operations in obtaining and becoming established in comparable facilities.
(c) Supply information on federal, state and local programs offering assistance to displaced persons.
(d) Assist in minimizing hardships to displaced persons in adjusting to relocation.
(e) Coordinate the relocation activities with the plans and programs of other state agencies which may affect the carrying out of the relocation program.
(f) Assure that there will be available, within a reasonable time prior to displacement, decent, safe and sanitary dwellings in areas not less desirable with regard to public utilities and public and commercial facilities, within the geographical unit of government acquiring the property, at rents or prices within the financial means of the families and individuals displaced, equal in number to the number of and available to the displaced persons requiring them and reasonably accessible to their places of employment, free from discrimination of any kind.
(2) A person lawfully occupying a dwelling shall not be required to relocate until a replacement dwelling is available as provided in subdivision (f) of subsection (1). A person shall be given at least 90 days' written notice to vacate unless modified by court order for good cause.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.324 - Matching Federal Funds; Financial Assistance; Expenses.

213.324 Matching federal funds; financial assistance; expenses.
Sec. 4.
When a program is undertaken by a state agency for which federal financial assistance will be available to pay all or a part of the cost, and which will require the acquisition of real property or its vacation by its occupants, the state agency may match the federal funds to the extent provided by federal law and rules and may provide financial assistance and reimbursement of expenses including but not limited to litigation expenses and expenses incident to the transfer of title as provided by the federal uniform relocation assistance and real property acquisition policies act of 1970, being Public Law 91-646.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.325 - Payments Where Federal Funds Not Available or Used.

213.325 Payments where federal funds not available or used.
Sec. 5.
When federal funds are not available or used in a program which will require the acquisition of real property or its vacation by its occupants, the state agency may provide payments, assistance and reimbursement as contemplated by this act but not in excess of the provisions of this act.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.326 - Displaced Person Defined; Persons Entitled to Financial Assistance.

213.326 Displaced person defined; persons entitled to financial assistance.
Sec. 6.
(1) A person who moves or discontinues his business or moves other personal property, or moves from his dwelling on or after the effective date of this act as the direct result of code enforcement activities, or a program of rehabilitation of buildings conducted pursuant to a governmental program is deemed to be a displaced person for the purposes of this act.
(2) Where the person is displaced by any project or program which receives federal financial assistance under title 1 of the housing act of 1949, as amended, or as a result of carrying out a comprehensive city demonstration program under title 1 of the demonstration cities and metropolitan development act of 1966, shall be entitled to the financial assistance provided in section 4.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.327 - Ordinances and Rules.

213.327 Ordinances and rules.
Sec. 7.
The state agency shall adopt ordinances or promulgate rules to assure:
(a) That the payments and assistance authorized by this act shall be administered fairly and reasonably.
(b) That a displaced person who makes application for a payment authorized by this act shall be paid promptly after a move or in hardship cases, be paid in advance.
(c) Such other provisions as are reasonably necessary to carry out this act.
History:
1972, Act 227, Imd. Eff. July 25, 1972
Admin Rule:
R 299.951 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.328 - Other Compensation Not Excluded; Payments Not Deemed Income.

213.328 Other compensation not excluded; payments not deemed income.
Sec. 8.
(1) Financial assistance and reimbursement allowed under this act is independent of and in addition to compensation for land, buildings or property rights and shall not be considered in condemnation proceedings.
(2) Payments to a displaced person under this act shall not be deemed income or resources of the displaced person under any other state or local law, nor shall such payments be subject to state or local tax.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.329 - Judicial Review.

213.329 Judicial review.
Sec. 9.
A person aggrieved by a determination made pursuant to this act shall be entitled to judicial review by the circuit court.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.330 - Contracts.

213.330 Contracts.
Sec. 10.
A state agency may enter into contracts with any state or federal agency, or individual, firm or corporation, for the purpose of carrying out the provisions of this act.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.331 - Repeal.

213.331 Repeal.
Sec. 11.
Act No. 95 of the Public Acts of 1971, being sections 213.341 to 213.344 of the Compiled Laws of 1948, is repealed.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 227 of 1972 - Relocation Assistance (213.321 - 213.332) › Section 213.332 - Effective Date.

213.332 Effective date.
Sec. 12.
This act shall take effect June 30, 1972.
History:
1972, Act 227, Imd. Eff. July 25, 1972
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Repealed - Act 95 of 1971 - Financial Assistance for Relocation of Displaced Persons (213.341 - 213.344)

FINANCIAL ASSISTANCE FOR RELOCATION OF DISPLACED PERSONS
Act 95 of 1971
213.341-213.344 Repealed. 1972, Act 227, Imd. Eff. July 25, 1972.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 40 of 1965 - Allowances for Moving Personal Property From Acquired Real Property (213.351 - 213.355) › Section 213.351 - Property Acquired for Public Purposes; Definitions.

213.351 Property acquired for public purposes; definitions.
Sec. 1.
As used in this act:
(a) "Occupant" means an individual, family, business, including the operation of a farm, or a nonprofit organization, required by a public agency to vacate real property because of a public improvement project.
(b) "Family" means 2 or more persons who are living together in the same quarters.
(c) "Moving expense" means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storing, transporting, unloading, reassembling, reconnecting and reinstalling of personal property, exclusive of trade fixtures and exclusive of the cost of any improvements, alterations or any other changes in or to any structure in effecting such reinstallation.
History:
1965, Act 40, Imd. Eff. May 19, 1965
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 40 of 1965 - Allowances for Moving Personal Property From Acquired Real Property (213.351 - 213.355) › Section 213.352 - Occupant Who Vacates Real Property; Moving Expense for Personal Property; Conditions; “Personal Property” Explained; Attorney Fees and Costs; Precedence of Federal Regulations and Procedures.

213.352 Occupant who vacates real property; moving expense for personal property; conditions; “personal property” explained; attorney fees and costs; precedence of federal regulations and procedures.
Sec. 2.
(1) An occupant who vacates real property on or after May 15, 1965, pursuant to the provisions of a written agreement to purchase the property or pursuant to the provisions of a written agreement for possession and use of the property or pursuant to the transfer of title to the property in condemnation proceedings, shall be reimbursed by the public agency for the reasonable and necessary moving expense for moving his or her personal property not more than 50 miles, subject to the following conditions:
(a) The maximum payment to an individual or family shall not exceed $5,250.00. The maximum payment to a business, including the operation of a farm, or a nonprofit organization shall not exceed $15,000.00.
(b) An individual or a family may elect to receive a fixed moving allowance, in lieu of actual moving expense, based on a schedule of payments established by the acquiring agency taking into consideration the maximum payment allowed, the number of rooms and other factors.
(c) Instead of any other payment under this act, other state law, or federal law, an occupant of residential property who has a leasehold interest of less than 6 months is entitled to elect a fixed payment of $3,500.00. If the occupant does not elect this fixed payment, the occupant may receive a moving allowance as determined under subdivisions (a) and (b).
(d) Except as provided in section 9 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.59, payment shall not be made to an occupant until after the occupant has vacated the real property unless the payment is required to enable the occupant to relocate.
(2) As used in this section, "personal property" does not include a fixture, whether removable or not.
(3) The court may award reasonable attorney fees and costs to an individual described in subsection (1)(c) who brings a successful action to recover a fixed payment or a moving allowance under subsection (1).
(4) Notwithstanding subsections (1) to (3), if the public agency is complying with applicable federal regulations and procedures regarding moving allowances and relocation requirements, those federal regulations and procedures take precedence over any conflicting provisions in this section.
History:
1965, Act 40, Imd. Eff. May 19, 1965 ;-- Am. 1991, Act 21, Imd. Eff. May 16, 1991 ;-- Am. 2006, Act 369, Eff. Dec. 23, 2006
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 40 of 1965 - Allowances for Moving Personal Property From Acquired Real Property (213.351 - 213.355) › Section 213.353 - Payments Allowed by Federal Regulation; Payments, Number.

213.353 Payments allowed by federal regulation; payments, number.
Sec. 3.
The maximum payments imposed by section 2 do not prohibit payments made in accordance with applicable regulations for federal reimbursement which payments are hereby authorized, provided such payments are at least equal to payments under section 2. If payment is made in accordance with applicable federal regulation, payment shall not also be made pursuant to section 2. In no event shall more than 1 payment be made to the same occupant for the same occupancy. After the occupant has vacated the property, no payment may thereafter be paid to any party with respect to the subsequent occupancy of the same property.
History:
1965, Act 40, Imd. Eff. May 19, 1965
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 40 of 1965 - Allowances for Moving Personal Property From Acquired Real Property (213.351 - 213.355) › Section 213.354 - Moving Allowances; Paid for Highway Projects.

213.354 Moving allowances; paid for highway projects.
Sec. 4.
Moving allowances paid because of highway projects are deemed to be a highway purpose and a cost of highway construction.
History:
1965, Act 40, Imd. Eff. May 19, 1965
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 40 of 1965 - Allowances for Moving Personal Property From Acquired Real Property (213.351 - 213.355) › Section 213.355 - Moving Allowances; Additional to Compensation; Not Considered in Condemnation Proceedings.

213.355 Moving allowances; additional to compensation; not considered in condemnation proceedings.
Sec. 5.
Moving allowances are independent of and in addition to compensation for land, buildings or property rights. The cost of moving personal property is not subject to consideration in condemnation proceedings for the acquisition of land, buildings or property rights.
History:
1965, Act 40, Imd. Eff. May 19, 1965
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 295 of 1966 - Acquisition of Property for Public Highways (213.361 - 213.391) › Section 213.362 - Property in City or Village; Designation and Consent Prior to Acquisition for Street or Highway.

213.362 Property in city or village; designation and consent prior to acquisition for street or highway.
Sec. 2.
Before any proceedings are taken under this act by boards of county road commissioners or the state highway commission involving the taking of property or property rights in a city or village for the changing, altering, opening or widening of a street or highway, the street or highway shall be taken over as a county road or designated as a state trunk line or federal aid highway, and the consent of the village or city council by resolution so to take over or designate the street or highway as a county road or state trunk line or federal aid highway shall be first obtained.
History:
1966, Act 295, Imd. Eff. July 14, 1966 ;-- Am. 1969, Act 154, Imd. Eff. July 31, 1969
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 295 of 1966 - Acquisition of Property for Public Highways (213.361 - 213.391) › Section 213.363 - Name in Which Property Taken; Acquisition by and Execution of Appropriation Instrument; Fluid Mineral and Gas Rights; Recordation of Instruments.

213.363 Name in which property taken; acquisition by and execution of appropriation instrument; fluid mineral and gas rights; recordation of instruments.
Sec. 3.
Property for county roads shall be secured by the board of county road commissioners and shall be taken in the name of the board. Property for trunk line highway purposes shall be secured by the state highway commission and shall be taken in the name of the state or commission. Property secured by a city or village shall be taken in the name of the city or village. Property secured by a county shall be taken in the name of the county. Property secured by a township shall be taken in the name of the township. Property secured by a drainage district shall be taken in the name of the drainage district. Property not acquired by condemnation shall be acquired by appropriation instrument 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. Fluid mineral and gas rights shall be considered excluded from those instruments unless specifically included. The exercise of fluid mineral and gas rights, as permitted by law, shall not interfere with the use of the property for highway purposes, including limited access highway purposes. The instruments shall be recorded in the office of the register of deeds of the county in which the land is situated.
History:
1966, Act 295, Imd. Eff. July 14, 1966 ;-- Am. 1967, Act 206, Imd. Eff. July 10, 1967 ;-- Am. 1971, Act 220, Imd. Eff. Dec. 30, 1971 ;-- Am. 1978, Act 188, Imd. Eff. June 4, 1978
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 295 of 1966 - Acquisition of Property for Public Highways (213.361 - 213.391) › Section 213.364 - Property; Payments; Source, Warrants.

213.364 Property; payments; source, warrants.
Sec. 4.
Property acquired shall be paid for by the petitioner out of any funds under its control and available for that purpose. Any payment or deposit of money under this act may be made in the form of a warrant drawn on the city, village, county or state treasury.
History:
1966, Act 295, Imd. Eff. July 14, 1966 ;-- Am. 1967, Act 206, Imd. Eff. July 10, 1967
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 295 of 1966 - Acquisition of Property for Public Highways (213.361 - 213.391) › Section 213.365 - Property; Adjacent Land, Cemeteries, Exchanges, Parcels of Property.

213.365 Property; adjacent land, cemeteries, exchanges, parcels of property.
Sec. 5.
This act extends to and includes:
(a) The right to acquire and take property adjacent to that required for public purposes for the purpose of exchanging it for property required or of replatting or rearranging the property abutting on the public improvement after the taking so as to conform with the plan or arrangement in effect before the taking.
(b) The right to acquire and take property and property rights held, reserved, owned, used or occupied by any cemetery association, or by any person, firm, society, association or corporation for cemetery purposes.
(c) The right to acquire and take property which is to be exchanged for public property needed for highway purposes pursuant to an agreement in writing with the owner or owners of such public property for such exchange.
(d) The right and duty to acquire and 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. The question as to whether or not the practical value or utility of the remainder is in fact destroyed shall be determined by the court or jury and incorporated in its verdict.
History:
1966, Act 295, Imd. Eff. July 14, 1966 ;-- Am. 1967, Act 206, Imd. Eff. July 10, 1967
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 295 of 1966 - Acquisition of Property for Public Highways (213.361 - 213.391) › Section 213.366-213.390 - Repealed. 1980, Act 87, Eff. Apr. 1, 1983.

213.366-213.390 Repealed. 1980, Act 87, Eff. Apr. 1, 1983.
Compiler's Notes:
The repealed sections pertained to petitions for acquisition of property, claims of fraud or abuse of discretion, surrender of possession of property, appointment of guardian ad litem, hearings, juries, evidence, notice, and compensation.
2023 Michigan Compiled Laws › Chapter 213 - Condemnation › Act 295 of 1966 - Acquisition of Property for Public Highways (213.361 - 213.391) › Section 213.391 - Effect on Other Condemnation Acts.

213.391 Effect on other condemnation acts.
Sec. 31.
This act does not directly or by implication repeal or amend any other condemnation act or part thereof.
History:
1966, Act 295, Imd. Eff. July 14, 1966
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › Section 220.1 - Highways and Private Roads; Establishment and Maintenance; Authority of Municipalities; Highway Officials, Duties.

220.1 Highways and private roads; establishment and maintenance; authority of municipalities; highway officials, duties.
Sec. 1.
Public highways and private roads may be established, opened, improved and maintained within this state under the provisions of this act, and the counties, townships, cities, villages and districts of this state shall possess the authority herein prescribed for the building, repairing and preservation of bridges and culverts; the draining of highways, cutting of weeds and brush in the improvement of highways and the duties of state, county, township, city, village and district highway officials shall be as defined in this act.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4287 ;-- CL 1929, 3916 ;-- CL 1948, 220.1
Former Law:
See Act 243 of 1881, being CL 1897, §§ 4035 to 4050, 4057 to 4070, and 4072 to 4192; Act 306 of 1905; Act 62 of 1889, being CL 1897, §§ 4051 to 4056; Act 163 of 1889, being CL 1897, § 4071; Act 173 of 1897, being CL 1897, §§ 4193 to 4197; Act 154 of 1869, being CL 1897 §§ 4198 to 4201; Act 176 of 1881, being CL 1897, § 4202; Act 60 of 1883, being CL 1897, §§ 4203 to 4209; Act 71 of 1881, being CL 1897, §§ 4210 and 4211; Act 72 of 1881, being CL 1897, §§ 4212 and 4213; Act 234 of 1879, being CL 1897, §§ 4214 and 4215; Act 149 of 1855, being CL 1897, §§ 4216 to 4219; Act 16 of 1883, being CL 1897, §§ 4220 to 4223; Act 57 of 1883, being CL 1897, §§ 4224 and 4225; Act 13 of 1885, being CL 1897, § 4228; Act 149 of 1893, being CL 1897, §§ 4262 to 4290; Revised Statutes of 1846, Ch. 44, being CL 1897, §§ 4291 to 4297; Act 264 of 1887, being CL 1897, §§ 3441 to 3445; Act 159 of 1903; Act 21 of 1893; Act 72 of 1899; Act 76 of 1899; Act 56 of 1903; Act 203 of 1903; Act 231 of 1903; Act 69 of 1905; Act 146 of 1905; Act 247 of 1905; Act 108 of 1907; Act 166 of 1907; Act 168 of 1907; Act 263 of 1907; Act 327 of 1907; Act 268 of 1907; Act 249 of 1897, being CL 1897, §§ 3499 to 3511; Act 261 of 1859, being CL 1897, §§ 5707 and 5708; and Act 292 of 1887, being CL 1897, §§ 5516 to 5521.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-I - Chapter I Laying Out, Altering and Discontinuing Highways (221.1...221.30) › Section 221.1-221.19 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

221.1-221.19 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
Compiler's Notes:
The repealed sections regulated width, laying out, altering or discontinuing highways.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-I - Chapter I Laying Out, Altering and Discontinuing Highways (221.1...221.30) › Section 221.20 - Public Highway; Definition, Width.

221.20 Public highway; definition, width.
Sec. 20.
All highways regularly established in pursuance of existing laws, all roads that shall have been used as such for 10 years or more, whether any record or other proof exists that they were ever established as highways or not, and all roads which have been or which may hereafter be laid out and not recorded, and which shall have been used 8 years or more, shall be deemed public highways, subject to be altered or discontinued according to the provisions of this act. All highways that are or that may become such by time and use, shall be 4 rods in width, and where they are situated on section or quarter section lines, such lines shall be the center of such roads, and the land belonging to such roads shall be 2 rods in width on each side of such lines.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4307 ;-- CL 1929, 3936 ;-- CL 1948, 221.20
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-I - Chapter I Laying Out, Altering and Discontinuing Highways (221.1...221.30) › Section 221.20a - Declaration of Road as Public Highway; Consent; Petition; Action in Circuit Court; Order; Purchase or Condemnation.

221.20a Declaration of road as public highway; consent; petition; action in circuit court; order; purchase or condemnation.
Sec. 20a.
A township with the prior written consent of the board of county road commissioners and upon petition to the township board by 51% of the property owners whose frontage abuts a road may commence an action in circuit court to have the road determined to be a public highway and to determine the length and boundaries of the road. If the court finds that there has been public use of the road for at least 10 years and that public authorities have expended public money on the road, it shall enter an order that the road has become a public highway setting forth the length and boundaries of that public highway. If the court finds that the road has not become a public highway, the township may in the same action acquire by purchase or condemnation in accordance with section 20h of this chapter the property rights of those owners who in the action claim that the road is not a public highway and the court shall enter its order that the road is a public highway and set forth the length and boundaries of that public highway.
History:
Add. 1974, Act 336, Imd. Eff. Dec. 17, 1974 ;-- Am. 1978, Act 233, Eff. Mar. 30, 1979
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-I - Chapter I Laying Out, Altering and Discontinuing Highways (221.1...221.30) › Section 221.20b - Declaration of Road as Public Highway; Complaint; Deposit.

221.20b Declaration of road as public highway; complaint; deposit.
Sec. 20b.
(1) A township proceeding under section 20a shall file a complaint for declaration of the road as a public highway in the circuit court of the county in which the road is located. The complaint shall contain or have annexed thereto (a) a copy of the petition from abutting property owners, (b) a description of the length and boundaries of the road, and (c) the names of persons having claims to the road as a private road, including any public utility having facilities located on the road.
(2) Before proceeding under section 20a the township board may require a deposit from the petitioners of an amount estimated by the township board to be sufficient to pay the cost of all legal proceedings.
History:
Add. 1974, Act 336, Imd. Eff. Dec. 17, 1974
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-I - Chapter I Laying Out, Altering and Discontinuing Highways (221.1...221.30) › Section 221.20c - Order Fixing Date for Hearing; Contents of Order; Service of Complaint and Order; Notice of Hearing; Service and Publication of Complaint.

221.20c Order fixing date for hearing; contents of order; service of complaint and order; notice of hearing; service and publication of complaint.
Sec. 20c.
(1) Upon the filing of a complaint, the court shall enter an order fixing a date for hearing, which shall be not less than 3 weeks thereafter. The order shall recite the names of persons mentioned in the complaint as parties in interest, reasonably describe the road alleged to be a public highway, state the purpose of the complaint, and order the persons recited to appear before the court at the time fixed in the order for the hearing. A copy of the complaint and order shall be served upon the board of county road commissioners of that county not less than 20 days before the hearing.
(2) Notice of the hearing and service and publication of the complaint shall be made and proved in the same manner as provided for hearing upon a petition for condemnation under Act No. 295 of the Public Acts of 1966, as amended, being sections 213.361 to 213.391 of the Michigan Compiled Laws.
History:
Add. 1974, Act 336, Imd. Eff. Dec. 17, 1974