MCL - Act 87 of 1980
AN ACT to provide procedures for the condemnation, acquisition, or exercise of eminent domain of real or personal property by public agencies or private agencies; to provide for an agency's entry upon land for certain purposes; to provide for damages; to prescribe remedies; and to repeal certain acts and parts of acts.
History: 1980, Act 87, Imd. Eff. Apr. 8, 1980
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Am. 1988, Act 189, Eff. July 1, 1988
| Document | Type | Description |
|---|---|---|
| Section 213.51 | Section | Definitions. |
| Section 213.51a | Section | Short title. |
| Section 213.52 | Section | 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 | Section | Fluid mineral and gas rights. |
| Section 213.54 | Section | 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 | Section | 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 | Section | 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 | Section | 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 | Section | Vesting of title in agency; vesting of right to just compensation; delay or denial. |
| Section 213.58 | Section | 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 | Section | 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 | Section | Order fixing date for hearing. |
| Section 213.61 | Section | 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 | Section | Just compensation; trial by jury. |
| Section 213.63 | Section | Just compensation; verdict; division of award. |
| Section 213.63a | Section | Duplicative payment prohibited. |
| Section 213.64 | Section | Notes and exhibits to assist jury. |
| Section 213.65 | Section | Interest on judgment amount. |
| Section 213.66 | Section | 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 | Section | Discontinuance. |
| Section 213.68 | Section | Reimbursement of expenses in evaluating agency's offer, preparing for trial, or negotiating settlement; enforcement of rights; filing claim. |
| Section 213.69 | Section | Agreement on compensation or method of determining compensation. |
| Section 213.70 | Section | Determination of fair market value. |
| Section 213.71 | Section | Counterclaim. |
| Section 213.72 | Section | Lease, sale, or conveyance of property; terms; record. |
| Section 213.73 | Section | 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 | Section | Coercive actions prohibited. |
| Section 213.75 | Section | Commencement of actions for acquisition of property. |
| Section 213.76, 213.77 | Section | Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996. |