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2020 Michigan Compiled Laws
Chapter 213 - Condemnation
Act 87 of 1980 The Uniform Condemnation Procedures Act (213.51 - 213.77)
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
- 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.
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