MCL - 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:
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.