Michigan Compiled Laws Act 119 Of 1919 Taking Of Public Utility By City (213.111 - 213.134)

• Section 213.111 Cities, Authority To Take Over Public Utilities.
  Any city in this state having a population of 25,000 or more is hereby authorized to take for public use the absolute title in...
• Section 213.112 Institution Of Proceedings; Council's Resolution Of Necessity, Contents; Circuit Court, Jurisdiction.
  Such proceedings may be begun and prosecuted under this act whenever the common council of such city shall have declared by resolution that it...
• Section 213.113 Institution Of Proceedings; Petition, Contents; Separate Juries On Request To Determine Necessity, Damages.
  The city clerk shall make and deliver to such attorney or other law officer of the city, as may be, a copy of such...
• Section 213.114 Summons; Issuance, Contents.
  Upon receiving such petition it shall be the duty of the clerk of said court to issue a summons against the respondents named in...
• Section 213.115 Summons; Service; Guardian Ad Litem; Alias, Pluries Summons; Return, Evidence.
  Said summons shall be served by the sheriff, under-sheriff, deputy sheriff of the county, or by any member of the metropolitan police of the...
• Section 213.116 Jury To Be Empaneled.
  On the return day of the summons or on some subsequent day to which the proceedings shall have been adjourned, if no sufficient cause...
• Section 213.117 Jury; Oath; Duties; Instruction; Written Verdict.
  The jurors so empaneled shall be sworn or shall affirm in substance as follows: “You do solemnly swear (or affirm) that you will well...
• Section 213.118 Jury; Determination And Award; Title Vested In Petitioner.
  The jury shall determine by their verdict the necessity for taking the absolute title in fee to such private property for public use, and...
• Section 213.119 Jury; Use Of Petition, Map, Blank Verdict, Form.
  To assist the jury in arriving at their verdict the court may allow the jury, when they retire, to take with them the petition...
• Section 213.120 Jury To Determine Necessity; Oath; Duties; Instruction; Written Verdict.
  Whenever the city attorney, corporation council [counsel] or the law officer of the city shall request that the jury be empaneled under the proviso...
• Section 213.121 Finding Of No Necessity To Take Absolute Fee; Further Proceedings.
  If the jury find that it is not necessary to take the absolute title in fee to the public utility mentioned in the petition...
• Section 213.122 Finding Of Necessity; Right To Possession On Giving Security; Writ Of Assistance.
  If the jury find that it is necessary to take for public use the absolute title in fee to such public utility, the petitioner...
• Section 213.123 Finding Of Necessity; Determination Of Compensation; Oath Of Jurors; Duties; Instruction; Award.
  If the jury find that it is necessary to take for public use the absolute title in fee to the public utility mentioned in...
• Section 213.124 Setting Aside Verdict; New Trial; Amendments.
  The verdict of the jury may be set aside by the court, either wholly or in part, and a new trial ordered either upon...
• Section 213.125 Motions For New Trial; Proceedings Arrested; Confirmation, Judgment, Finality.
  Motions for a new trial or to arrest the proceedings shall be made within 2 days after the rendition of the verdict unless further...
• Section 213.126 Appeal; Procedure.
  Any person whose property may be taken, as well as the petitioner, considering himself aggrieved, may appeal to the supreme court from the judgment...
• Section 213.127 Appeal; Records Transmitted, Fees; Settlement Of Case By Judge.
  In case of such appeal the clerk of the court, on payment of his legal fees and charges, shall transmit to the supreme court...
• Section 213.128 Appeal; Hearing; Determination; Expenses, Compensation, Damage.
  The said appeal may be brought on for hearing at any term of the supreme court, and said court may affirm, or for any...
• Section 213.129 Verdict; Copy Transmitted To Council; Collection Of Award.
  When the verdict of the jury shall have been finally confirmed by the court, and the time in which to take an appeal has...
• Section 213.130 Verdict; Collection Resolution; Treasurer, Duties; Borrowing Power; Right To Possession; Writ Of Assistance.
  Within 1 year after the confirmation of the verdict of the jury or after the judgment of confirmation shall on appeal be confirmed, the...
• Section 213.131 Jury Fees; Compensation.
  Officers, jurors and witnesses in any proceedings under this act shall be entitled to receive from the city instituting the proceedings the same fees...
• Section 213.132 Attorney Fees; Expenses, Costs; Payment By Municipality.
  All the expenses and costs of the proceedings to take and use private property under this act incurred by the city shall be paid...
• Section 213.133 Discontinuance Prohibited After Verdict; Further Proceedings.
  The common council shall not have the power to discontinue proceedings under this act after the rendition of the verdict of the jury that...
• Section 213.134 Property Ownership; Prima Facie Evidence.
  It shall be prima facie evidence as to who are owners of and persons interested in any property proposed to be taken in the...

Last modified: October 10, 2016