Michigan Compiled Laws 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.
As used in this act: (a) “Acquire” or “take” means to secure transfer of ownership of property to an agency by involuntary expropriation. (b)...
Section 213.51a Short Title.
This act shall be known and may be cited as “the uniform condemnation procedures act”. History: Add. 1980, Act 309, Imd. Eff. Dec. 4,
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.
(1) This act provides standards for the acquisition of property by an agency, the conduct of condemnation actions, and the determination of just compensation....
Section 213.53 Fluid Mineral And Gas Rights.
Fluid mineral and gas rights shall be considered excluded from an instrument by which an agency acquires an interest in land unless specifically included...
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.
(1) If the acquisition of a portion of a parcel of property actually needed by an agency would destroy the practical value or utility...
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.
(1) Before initiating negotiations for the purchase of property, the agency shall establish an amount that it believes to be just compensation for the...
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.
(1) Within the time prescribed to responsively plead after service of a complaint, an owner of the property desiring to challenge the necessity of...
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.
(1) If an agency elects to reserve its rights to bring a state or federal cost recovery claim against an owner, the court upon...
Section 213.57 Vesting Of Title In Agency; Vesting Of Right To Just Compensation; Delay Or Denial.
(1) If a motion to review necessity is not filed under section 6, the title to the property described in the petition shall vest...
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.
(1) Except as provided in subsections (2) and (3), if a motion for review under section 6 is not filed or is denied and...
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.
(1) If a motion for review under section 6 is not filed, upon expiration of the time for filing the motion for review, or,...
Section 213.60 Order Fixing Date For Hearing.
Upon filing the complaint, the court shall enter an order fixing a day for a hearing which shall not be less than 21 days...
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.
(1) Upon motion of either party, the court shall issue a scheduling order to assure that the appraisal reports are exchanged and the parties...
Section 213.62 Just Compensation; Trial By Jury.
(1) A plaintiff or defendant may demand a trial by jury as to the issue of just compensation pursuant to applicable law and court...
Section 213.63 Just Compensation; Verdict; Division Of Award.
The jury or the court shall award in its verdict just compensation for each parcel. After awarding the verdict, on request of any party,...
Section 213.63a Duplicative Payment Prohibited.
A person is not entitled to a payment in connection with the acquisition of all or part of that person's property under this act...
Section 213.64 Notes And Exhibits To Assist Jury.
To assist the jury in arriving at its verdict the court may allow the jury when it retires to take with it notes and...
Section 213.65 Interest On Judgment Amount.
(1) The court shall award interest on the judgment amount or part of the amount from the date of the filing of the complaint...
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.
(1) Except as provided in this section, an ordinary or expert witness in a proceeding under this act shall receive from the agency the...
Section 213.67 Discontinuance.
The agency shall not discontinue the action after the granting of possession or vesting of title to the property taken. In case of a...
Section 213.68 Reimbursement Of Expenses In Evaluating Agency's Offer, Preparing For Trial, Or Negotiating Settlement; Enforcement Of Rights; Filing Claim.
(1) If any agency acquires property without commencement of an action or abandons its efforts to acquire property after making the jurisdictional good faith...
Section 213.69 Agreement On Compensation Or Method Of Determining Compensation.
At any stage of the proceedings, the agency and the owner may agree upon all or part of the compensation, or upon a method...
Section 213.70 Determination Of Fair Market Value.
(1) A change in the fair market value before the date of the filing of the complaint which the agency or the owner establishes...
Section 213.71 Counterclaim.
A defendant may assert as a counterclaim, any claim for damages based on conduct by an agency which constitutes a constructive or de facto...
Section 213.72 Lease, Sale, Or Conveyance Of Property; Terms; Record.
If property is acquired by an agency, the agency may lease, sell, or convey any portion not needed, on whatever terms the agency considers...
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.
(1) Enhancement in value of the remainder of a parcel, by laying out, altering, widening, or other types of improvement; by changing the scope...
Section 213.74 Coercive Actions Prohibited.
In order to compel an agreement on the price to be paid for the property, an agency may not advance the time of condemnation,...
Section 213.75 Commencement Of Actions For Acquisition Of Property.
All actions for the acquisition of property by an agency under the power of eminent domain shall be commenced pursuant to and be governed...
Section 213.76, 213.77 Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996.
Compiler's Notes: The repealed sections pertained to repeal of MCL 213.26 to 213.41, 213.366 to 213.390, and 486.252a to 486.252j.

Last modified: October 10, 2016