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Michigan Compiled Laws Complete Through PA 402 of 2020
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Act 87 of 1980
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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

© 2020 Legislative Council, State of Michigan

The People of the State of Michigan enact:

Section 213.51SectionDefinitions.
Section 213.51aSectionShort title.
Section 213.52SectionStandards 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 213.53SectionFluid mineral and gas rights.
Section 213.54SectionPayment 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 213.55SectionJust 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 213.56SectionChallenge 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 213.56aSectionReversal 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 213.57SectionVesting of title in agency; vesting of right to just compensation; delay or denial.
Section 213.58SectionPayment 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 213.59SectionSurrender 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 213.60SectionOrder fixing date for hearing.
Section 213.61SectionScheduling order; exchange of appraisal reports; opportunity for discovery; appraisal report; testimony relating to value of real property; orders to facilitate compliance.
Section 213.62SectionJust compensation; trial by jury.
Section 213.63SectionJust compensation; verdict; division of award.
Section 213.63aSectionDuplicative payment prohibited.
Section 213.64SectionNotes and exhibits to assist jury.
Section 213.65SectionInterest on judgment amount.
Section 213.66SectionWitness fees and compensation; reimbursement of owner's attorney fees and other expenses; matters involving relocation of indigent person; "indigent person" defined.
Section 213.67SectionDiscontinuance.
Section 213.68SectionReimbursement of expenses in evaluating agency's offer, preparing for trial, or negotiating settlement; enforcement of rights; filing claim.
Section 213.69SectionAgreement on compensation or method of determining compensation.
Section 213.70SectionDetermination of fair market value.
Section 213.71SectionCounterclaim.
Section 213.72SectionLease, sale, or conveyance of property; terms; record.
Section 213.73SectionEnhancement in value as consideration in determining compensation; complaint; compensation; requiring agency to acquire portion claimed to be enhanced; burden of proof.
Section 213.74SectionCoercive actions prohibited.
Section 213.75SectionCommencement of actions for acquisition of property.
Section 213.76, 213.77SectionRepealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996.
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