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Michigan Compiled Laws Act 352 Of 1925 Acquiring Property For Highway Purposes (213.171 - 213.199)
AN ACT to provide for the purchase and condemnation of private property for public highway purposes.
History:
1925, Act 352, Imd. Eff. May 27, 1925
Section 213.171 Property; Acquisition By County Road Or State Highway Commissioners; Approval Of Required Officials.
Boards of county road commissioners, with the approval of the board of supervisors, and the state highway commissioner are hereby authorized and empowered to...
Section 213.172 Property For County And Trunk Line; Conveyances, Name, Fluid Mineral And Gas Rights, Recording.
Property for a county road shall be secured by the board of county road commissioners and shall be taken in the name of the...
Section 213.173 Payment Of Purchase Price For Property.
Property for highway purposes shall be paid for by the board or commissioner out of any funds under their control, available for that purpose....
Section 213.174 Determination Of Necessity By Board Or Commissioner; Hearing.
Whenever the board or commissioner shall be unable to agree with any person interested in any such property for the purchase thereof, or whenever...
Section 213.174a Determination Of Necessity By Circuit Court Commissioner If Board Or Commissioner Is Disqualified.
In the event the board or commissioner shall for any reason be disqualified to hear and determine the matter of necessity, as provided in...
Section 213.175 Determination Of Necessity; Filing And Recording; Compensation For Property.
Such determination may be filed with the county clerk if with reference to a county road, and in the office of the state highway...
Section 213.176 Possession Notice; Vesting Of Title; Removal Of Obstructions On Property.
Upon the filing of such determination and proof of payment, tender or deposit as above provided, the board or commissioner having the matter in...
Section 213.177 Petition; Circuit Court To Appoint Commissioners To Determine Damages.
Within 90 days after the filing of any such determination of damages, as aforesaid, the board or commissioner having the matter in charge, unless...
Section 213.178 Petition; Order For Hearing, Service.
Upon the filing of the petition, the court shall make an order fixing a day for the hearing on such petition, which shall not...
Section 213.179 Petition; Service Upon Guardians; Guardian Ad Litem.
In cases where a minor or an insane or incompetent person has an interest in such property, service of a copy of the order...
Section 213.180 Petition; Constructive Service; Order For Appearance.
Upon, or at any time after, the filing of such petition, the judge shall make an order for the appearance of any persons interested...
Section 213.181 Order For Appearance; Publication; Mailing And Service Of Order.
Such order shall be published in some newspaper published and circulated in the county, or in such other paper as the court may direct,...
Section 213.182 Order For Appearance; Proof Of Publication And Service; Filing.
Proof of publication and service may be made by affidavit of any person having knowledge of the facts. Such proof shall be filed with...
Section 213.183 Default Of Persons Not Appearing; Court-appointed Commissioners; Discontinuance.
On the day fixed as aforesaid, the court shall enter the default of all persons interested in the property described who have not appeared,...
Section 213.184 Commissioners; Meetings, Adjournments; Witnesses.
The court commissioners shall meet at the time and place ordered by the court and shall be sworn faithfully to discharge their duties. If...
Section 213.185 Commissioners; View Of Premises; Hearing; Evidence Of Ownership.
The court commissioners, at the time fixed by the court or at the time fixed by adjournment, shall view the premises described in the...
Section 213.186 Commissioners; Appraisal Of Damages; Reports.
The court commissioners shall appraise the damages to be paid as compensation for each such piece or parcel of property, and shall report such...
Section 213.187 Commissioners; Not Necessary To Include All Parcels Of Property In Same Petition.
It shall not be necessary for the board or commissioner to include in one determination the descriptions of all of the property necessary to...
Section 213.188 Benefits To Owners; Deduction From Damage Costs.
If any discontinued highway shall be upon lands through which a new highway shall be laid out, the same may be taken into consideration...
Section 213.189 Orders Of Court Upon Determination And In Regarding Commissioners.
The court may, at the time of the filing of the report or at such other time to which it may adjourn the proceedings,...
Section 213.190 Confirmation Of Commissioner's Report; Witness, Attorney, Damage Fees.
After the court shall confirm the report of the court commissioners, it shall enter an order authorizing the board or commissioner to pay the...
Section 213.191 Compensation Of Highway Condemnation Commissioners; Expenses.
The court shall fix the compensation of the court commissioners, not to exceed $50.00 per day, and determine the amount of necessary expenses incurred...
Section 213.192 Prima Facie Evidence; Certificate, Report, Or Determination.
Any certificate, report or determination authorized or required by this chapter, or the record thereof, or a certified copy of any such certificate, report,...
Section 213.193 Right To Acquire Property Of Municipalities And Cemetery Associations; Exchange.
The provisions of this chapter shall be deemed to extend to and include the right to acquire and take property and property rights held,...
Section 213.194 Sale Of Excess Land; Conveyance; Record.
Whenever the whole of a lot or parcel of land is, or has been, taken by any board or the commissioner, as provided in...
Section 213.195 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
Compiler's Notes: The repealed section applied the act to pending condemnation proceedings.
Section 213.197 Review By Certiorari; Procedure; Time Limitations.
Any proceeding taken under the provisions of this act shall be subject to review upon certiorari. The procedure therefor shall be the same as...
Section 213.198 State Highway Commissioner Or Deputy May Conduct Proceedings.
Any act or proceeding herein directed or authorized to be performed or conducted by the state highway commissioner may be done by said state...
Section 213.199 All Notices And Orders; Service.
All notices and orders heretofore mentioned in this act, unless otherwise provided, shall be served as follows: (a) Personally; or (b) By leaving a...
Last modified: October 10, 2016