2006 Michigan Compiled Laws - Act 87 of 1980


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 ;--Am. 1988, Act 189, Eff. July 1, 1988

The People of the State of Michigan enact:

Section 213.51Definitions.
Section 213.51aShort title.
Section 213.52Standards 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 213.53Fluid mineral and gas rights.
Section 213.54Payment 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 213.55Just compensation; amount; offer; review of appraisal; filing complaint for acquisition; resubmitted offers; documents; claim for additional items of compensable property or damage; contents of complaint; deposit.
Section 213.56Challenge 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 213.56aReversal 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 213.57Vesting of title in agency; vesting of right to just compensation; delay or denial.
Section 213.58Payment 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 § 213.56a.
Section 213.59Surrender 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.
Section 213.60Order fixing date for hearing.
Section 213.61Scheduling order; exchange of appraisal reports; opportunity for discovery; appraisal report; testimony relating to value of real property; orders to facilitate compliance.
Section 213.62Just compensation; trial by jury.
Section 213.63Just compensation; verdict; division of award.
Section 213.63aDuplicative payment prohibited.
Section 213.64Notes and exhibits to assist jury.
Section 213.65Interest on judgment amount.
Section 213.66Witness fees and compensation; reimbursement of owner's attorney fees and other expenses.
Section 213.67Discontinuance.
Section 213.68Reimbursement of expenses in evaluating agency's offer, preparing for trial, or negotiating settlement; enforcement of rights; filing claim.
Section 213.69Agreement on compensation or method of determining compensation.
Section 213.70Determination of fair market value.
Section 213.71Counterclaim.
Section 213.72Lease, sale, or conveyance of property; terms; record.
Section 213.73Enhancement in value as consideration in determining compensation; complaint; compensation; requiring agency to acquire portion claimed to be enhanced; burden of proof.
Section 213.74Coercive actions prohibited.
Section 213.75Commencement of actions for acquisition of property.
Section 213.76, 213.77Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996.

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