MCL - Index of Chapter 213
NOTE: Dates reflect any modification to item, not necessarily a change in law.
| Title | Subject |
|---|---|
| Chapter 213 | CONDEMNATION |
| Act 236 of 1911 | CONDEMNATION BY STATE (213.1 - 213.4) |
| Section 213.1 | Condemnation of private property for state use; authority delegated; jurisdiction. |
| Section 213.2 | Attorney general; duty; petition; contents; summons; issuance and return; incompetents; non-residents; service; notice by publication. |
| Section 213.3 | Petition; hearing on necessity and compensation; commissioners procedure; jury, procedure. |
| Section 213.4 | Objections to report filed; confirmation; deposit; vesting of title; payment of compensation; dismissal; expenses; record. |
| Act 149 of 1911 | ACQUISITION OF PROPERTY BY STATE AGENCIES AND PUBLIC CORPORATIONS (213.21 - 213.41) |
| Section 213.21 | Public corporation and state agency; definition. |
| Section 213.22 | Private property; definition. |
| Section 213.23 | Authority to take private property for public use; acquisition of property; scope of "public use"; condemnation action; compensation; preservation of right, grant, or benefit to property owner; "blighted" defined. |
| Section 213.23a | Scope of act; rights conferred by act. |
| Section 213.24 | Condemnation proceedings; necessity declared; authorization; jurisdiction. |
| Section 213.25 | Condemnation proceedings; resolution; petition; contents; jury to determine necessity; compensation. |
| Section 213.26-213.41 | Repealed. 1980, Act 87, Eff. Apr. 1, 1983. |
| Act 87 of 1980 | THE UNIFORM CONDEMNATION PROCEDURES ACT (213.51 - 213.77) |
| Section 213.51 | Definitions. |
| Section 213.51a | Short title. |
| Section 213.52 | Standards provided; limitations; applicable laws and court rules; commencement of condemnation action; proof of taking of property; certificate of public necessity as condition of instituting judicial proceedings. |
| Section 213.53 | Fluid mineral and gas rights. |
| Section 213.54 | Payment of just compensation for property if practical value or utility of remainder destroyed; zoning variance; entry upon property; purpose; notice; restitution for actual damages; “actual damage” defined; civil action for order permitting entry; contents of complaint; granting limited license for entry; terms; manner of entry under subsection (3); “environmental inspection” defined. |
| Section 213.55 | Just compensation; amount; written notice to occupants; offer; review of appraisal; filing complaint for acquisition; "comparable replacement dwelling" defined; financial information; documents; determination of just compensation; items annexed to complaint; deposit; payment of additional amount for property which is principal residence; "taxable value" defined. |
| Section 213.56 | Challenge by owner; motion to review necessity; hearing; determination by public agency binding on court; judicial determination of public necessity in acquisition by private agency; certificate by public service commission or federal agency as prima facie case; decision of court; final judgment; appeal; conclusive presumption of necessity. |
| Section 213.56a | Reversal of agency's election of reservation of rights; revised good faith offer; stipulation to reverse agency election and waive cost recovery claim against owner. |
| Section 213.57 | Vesting of title in agency; vesting of right to just compensation; delay or denial. |
| Section 213.58 | Payment by escrowee of money deposited; funds remaining in escrow as security for remediation costs; court order; released funds; circumstances; reversal of agency's election under MCL 213.56a(1); applicability of subsections (2) and (3); "principal residence" defined. |
| Section 213.59 | Surrender of possession of property to agency; time and terms; enforcement; granting interim possession to private agency; indemnity bond; appeal; liability for damages; repayment as condition of order setting aside determination of public necessity; delay or denial; escrow payment; relocation; "comparable replacement dwelling" defined. |
| Section 213.60 | Order fixing date for hearing. |
| Section 213.61 | Scheduling order; exchange of appraisal reports; opportunity for discovery; appraisal report; testimony relating to value of real property; orders to facilitate compliance. |
| Section 213.62 | Just compensation; trial by jury. |
| Section 213.63 | Just compensation; verdict; division of award. |
| Section 213.63a | Duplicative payment prohibited. |
| Section 213.64 | Notes and exhibits to assist jury. |
| Section 213.65 | Interest on judgment amount. |
| Section 213.66 | Witness fees and compensation; reimbursement of owner's attorney fees and other expenses; matters involving relocation of indigent person; "indigent person" defined. |
| Section 213.67 | Discontinuance. |
| Section 213.68 | Reimbursement of expenses in evaluating agency's offer, preparing for trial, or negotiating settlement; enforcement of rights; filing claim. |
| Section 213.69 | Agreement on compensation or method of determining compensation. |
| Section 213.70 | Determination of fair market value. |
| Section 213.71 | Counterclaim. |
| Section 213.72 | Lease, sale, or conveyance of property; terms; record. |
| Section 213.73 | Enhancement in value as consideration in determining compensation; complaint; compensation; requiring agency to acquire portion claimed to be enhanced; burden of proof. |
| Section 213.74 | Coercive actions prohibited. |
| Section 213.75 | Commencement of actions for acquisition of property. |
| Section 213.76, 213.77 | Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996. |
| Act 119 of 1919 | TAKING OF PUBLIC UTILITY BY CITY (213.111 - 213.134) |
| Section 213.111 | Cities, authority to take over public utilities. |
| Section 213.112 | Institution of proceedings; council's resolution of necessity, contents; circuit court, jurisdiction. |
| Section 213.113 | Institution of proceedings; petition, contents; separate juries on request to determine necessity, damages. |
| Section 213.114 | Summons; issuance, contents. |
| Section 213.115 | Summons; service; guardian ad litem; alias, pluries summons; return, evidence. |
| Section 213.116 | Jury to be empaneled. |
| Section 213.117 | Jury; oath; duties; instruction; written verdict. |
| Section 213.118 | Jury; determination and award; title vested in petitioner. |
| Section 213.119 | Jury; use of petition, map, blank verdict, form. |
| Section 213.120 | Jury to determine necessity; oath; duties; instruction; written verdict. |
| Section 213.121 | Finding of no necessity to take absolute fee; further proceedings. |
| Section 213.122 | Finding of necessity; right to possession on giving security; writ of assistance. |
| Section 213.123 | Finding of necessity; determination of compensation; oath of jurors; duties; instruction; award. |
| Section 213.124 | Setting aside verdict; new trial; amendments. |
| Section 213.125 | Motions for new trial; proceedings arrested; confirmation, judgment, finality. |
| Section 213.126 | Appeal; procedure. |
| Section 213.127 | Appeal; records transmitted, fees; settlement of case by judge. |
| Section 213.128 | Appeal; hearing; determination; expenses, compensation, damage. |
| Section 213.129 | Verdict; copy transmitted to council; collection of award. |
| Section 213.130 | Verdict; collection resolution; treasurer, duties; borrowing power; right to possession; writ of assistance. |
| Section 213.131 | Jury fees; compensation. |
| Section 213.132 | Attorney fees; expenses, costs; payment by municipality. |
| Section 213.133 | Discontinuance prohibited after verdict; further proceedings. |
| Section 213.134 | Property ownership; prima facie evidence. |
| 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. |
| Section 213.152 | Public utility property; condemnation procedure. |
| Section 213.153 | Public utility property; payment. |
| Act 352 of 1925 | ACQUIRING PROPERTY FOR HIGHWAY PURPOSES (213.171 - 213.199) |
| Section 213.171 | Property; acquisition by county road or state highway commissioners; approval of required officials. |
| Section 213.172 | Property for county and trunk line; conveyances, name, fluid mineral and gas rights, recording. |
| Section 213.173 | Payment of purchase price for property. |
| Section 213.174 | Determination of necessity by board or commissioner; hearing. |
| Section 213.174a | Determination of necessity by circuit court commissioner if board or commissioner is disqualified. |
| Section 213.175 | Determination of necessity; filing and recording; compensation for property. |
| Section 213.176 | Possession notice; vesting of title; removal of obstructions on property. |
| Section 213.177 | Petition; circuit court to appoint commissioners to determine damages. |
| Section 213.178 | Petition; order for hearing, service. |
| Section 213.179 | Petition; service upon guardians; guardian ad litem. |
| Section 213.180 | Petition; constructive service; order for appearance. |
| Section 213.181 | Order for appearance; publication; mailing and service of order. |
| Section 213.182 | Order for appearance; proof of publication and service; filing. |
| Section 213.183 | Default of persons not appearing; court-appointed commissioners; discontinuance. |
| Section 213.184 | Commissioners; meetings, adjournments; witnesses. |
| Section 213.185 | Commissioners; view of premises; hearing; evidence of ownership. |
| Section 213.186 | Commissioners; appraisal of damages; reports. |
| Section 213.187 | Commissioners; not necessary to include all parcels of property in same petition. |
| Section 213.188 | Benefits to owners; deduction from damage costs. |
| Section 213.189 | Orders of court upon determination and in regarding commissioners. |
| Section 213.190 | Confirmation of commissioner's report; witness, attorney, damage fees. |
| Section 213.191 | Compensation of highway condemnation commissioners; expenses. |
| Section 213.192 | Prima facie evidence; certificate, report, or determination. |
| Section 213.193 | Right to acquire property of municipalities and cemetery associations; exchange. |
| Section 213.194 | Sale of excess land; conveyance; record. |
| Section 213.195 | Repealed. 1958, Act 77, Eff. Sept. 13, 1958. |
| Section 213.197 | Review by certiorari; procedure; time limitations. |
| Section 213.198 | State highway commissioner or deputy may conduct proceedings. |
| Section 213.199 | All notices and orders; service. |
| 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. |
| Section 213.222 | Boulevard, street and alley; condemnation proceedings. |
| Section 213.223 | Boulevard, street and alley; sale of unused portion. |
| Act 140 of 1945 | ACQUISITION OF OVERHEAD AND UNDERGROUND RIGHTS (213.251 - 213.251) |
| Section 213.251 | Overhead and underground rights; acquisition; purposes. |
| 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. |
| Act 323 of 1931 | Repealed-DAMAGES IN CONDEMNATION PROCEEDINGS (213.271 - 213.272) |
| 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. |
| 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. |
| Section 213.302 | Property of public college, university or hospital; determination of relative necessity. |
| Section 213.303 | Property of public college, university or hospital; judicial determination of necessity. |
| Section 213.304 | Judicial determination; abatement of pending proceedings. |
| Act 207 of 1965 | Repealed-PRORATION OF TAXES ON PROPERTY ACQUIRED FOR PUBLIC PURPOSES (213.311 - 213.312) |
| Act 227 of 1972 | RELOCATION ASSISTANCE (213.321 - 213.332) |
| Section 213.321 | Definitions. |
| Section 213.322 | Relocation assistance advisory services for displaced persons and certain occupants of real property. |
| Section 213.323 | Functions of relocation assistance advisory services program. |
| Section 213.324 | Matching federal funds; financial assistance; expenses. |
| Section 213.325 | Payments where federal funds not available or used. |
| Section 213.326 | Displaced person defined; persons entitled to financial assistance. |
| Section 213.327 | Ordinances and rules. |
| Section 213.328 | Other compensation not excluded; payments not deemed income. |
| Section 213.329 | Judicial review. |
| Section 213.330 | Contracts. |
| Section 213.331 | Repeal. |
| Section 213.332 | Effective date. |
| Act 95 of 1971 | Repealed-FINANCIAL ASSISTANCE FOR RELOCATION OF DISPLACED PERSONS (213.341 - 213.344) |
| 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. |
| 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. |
| Section 213.353 | Payments allowed by federal regulation; payments, number. |
| Section 213.354 | Moving allowances; paid for highway projects. |
| Section 213.355 | Moving allowances; additional to compensation; not considered in condemnation proceedings. |
| Act 295 of 1966 | ACQUISITION OF PROPERTY FOR PUBLIC HIGHWAYS (213.361 - 213.391) |
| Section 213.361 | Securing fee simple or lesser estate in real property and other property; conditions. |
| Section 213.362 | Property in city or village; designation and consent prior to acquisition for street or highway. |
| Section 213.363 | Name in which property taken; acquisition by and execution of appropriation instrument; fluid mineral and gas rights; recordation of instruments. |
| Section 213.364 | Property; payments; source, warrants. |
| Section 213.365 | Property; adjacent land, cemeteries, exchanges, parcels of property. |
| Section 213.366-213.390 | Repealed. 1980, Act 87, Eff. Apr. 1, 1983. |
| Section 213.391 | Effect on other condemnation acts. |