Michigan Compiled Laws 215-1895-xxv Chapter XXV Appropriation Of Private Property. (105.1...105.29)

• Section 105.1 Condemnation.
  Private property may be appropriated for public use in any city for the purpose of opening, widening, altering or extending streets, alleys and avenues;...
• Section 105.2 Condemnation; Proceedings.
  If it shall become necessary to appropriate private property for the public uses or purposes specified in the preceding section, the right to occupy...
• Section 105.3 Condemnation; Resolution Of Council; Suit.
  Whenever the council shall have declared a public improvement to be necessary in the municipality and shall have declared that they deem it necessary...
• Section 105.4 Condemnation; Certified Copy Of Resolution, Delivery To Attorney; Petition, Contents; Filing; Evidence.
  The city clerk shall make and deliver to such attorney, as soon as may be, a copy of such resolution certified under seal, and...
• Section 105.5 Probate Court Summons; Contents.
  Upon receiving such petition it shall be the duty of the said probate court to issue a summons against the respondents named in such...
• Section 105.6 Probate Court Summons; Service; Guardian Ad Litem; Appearance Order; Alias, Pluries Summons; Return, Filing; Evidence.
  Said summons shall be served by the city marshal, any member of the police force or any constable of the city, at least 5...
• Section 105.7 Probate Court; Impaneling Jury; Composition Of Jury.
  On the return day of the summons, or on some subsequent day to which the proceedings are adjourned, if no sufficient cause to the...
• Section 105.8 Probate Court; Oath Of Jurors, Form; Duties; Instruction; Verdict.
  The jurors so impaneled shall be sworn or shall affirm in substance as follows: “You do solemnly swear (or affirm) that you will well...
• Section 105.9 Probate Court; Verdict Of Jury; Contents, Necessity, Damages.
  The jury shall determine in their verdict the necessity for the proposed improvement and for taking such private property for the use or benefit...
• Section 105.10 Probate Court; Jury To Retire With Petition, Map, Blank Verdict; Form Of Verdict.
  To assist the jury in arriving at their verdict, the probate court may allow the jury, when they retire, to take with them the...
• Section 105.11 Probate Court; Amendments Allowed.
  Amendments either in form or substance may be allowed in any paper, petition, process, record or proceeding, or in the description of property proposed...
• Section 105.12 Probate Court; Docket Entries, Copy; Confirmation Judgement On Application, Time; New Proceedings; Appeal.
  Upon filing the report and award made by any jury with said probate court he shall enter it upon the docket of his proceedings,...
• Section 105.13 Probate Court; Disagreement Of Jury; Impaneling New Jury.
  If such jury should be unable to agree upon a verdict, or for any cause should fail to render a verdict, said probate court...
• Section 105.14 Juror; Disability; Procedure.
  If any juror, after being sworn, and before the hearing shall have been commenced, shall die, or from sickness or any other cause be...
• Section 105.15 Circuit Court; Appeal, Procedure; Bond.
  Any party aggrieved by the judgment of confirmation hereinbefore mentioned, may, within 10 days after the entry thereof, appeal therefrom to the circuit court...
• Section 105.16 Circuit Court; Probate Court To Return Appeal.
  Within 10 days after taking such appeal said probate court shall make and certify a return to said appeal, setting forth a transcript from...
• Section 105.17 Circuit Court; Jurisdiction; Proceedings.
  Upon filing the return to the probate court, as mentioned in the preceding section, the circuit court shall have jurisdiction of the case. The...
• Section 105.18 Circuit Court Jury; Impaneling.
  The circuit judge shall make an order that a jury be impaneled in the case. Such jury shall be composed of 12 freeholders of...
• Section 105.19 Circuit Court; Oath Of Jurors, Form; Duties; Instruction.
  The jurors so impaneled shall be sworn or shall affirm in substance as follows: “You do solemnly swear (or affirm) that you will well...
• Section 105.20 Circuit Court; Verdict Of Jury; Contents, Necessity, Damages.
  The jury shall in their verdict separately award to the owners of such property, and others interested therein, such compensation therefor as they shall...
• Section 105.21 Circuit Court; Jury May Retire With Petition, Map, Blank Verdict; Form Of Verdict.
  To assist the jury in arriving at their verdict, the circuit judge may allow the jury, when they retire, to take with them the...
• Section 105.22 Circuit Court; Confirmation Of Proceedings; Cost.
  Upon any dismissal of the appeal, or rendition of judgment after trial in the circuit court, said court shall confirm the proceedings and rights...
• Section 105.23 Circuit Court; Judgment Of Confirmation; Records Of City Clerk; Contents, Evidence.
  It shall be the duty of the city clerk to procure copies of any judgment of confirmation of the circuit court or of the...
• Section 105.24 Verdict Confirmed; Sums Awarded; Procedure For Collection; Assessment; Evidence; City Purchaser At Sale.
  When the verdict of the jury shall have been finally confirmed by the probate court and the time in which to take an appeal...
• Section 105.25 Verdict Confirmed; Sums Awarded; Payment Within Year; Raising Of Funds; Treasurer, Duties; Right Of Entry; 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 105.26 Court Proceedings; Officers, Jurors, Witnesses; Fees, Compensation.
  Officers, jurors and witnesses in any proceedings under this chapter shall be entitled to receive the same fees and compensation as are provided by...
• Section 105.27 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...
• Section 105.28 Property; Sale Of Buildings; Moneys, Disposition.
  In case there is on the private property taken a building or other structure, the same shall be sold by or under direction of...
• Section 105.29 Property; Negotiation; Purchase.
  Nothing in this chapter contained shall prevent any city from obtaining private property for any of the public uses herein specified by negotiation and...

Last modified: October 10, 2016