HOUSE BILL No. 5911


     June 20, 2000, Introduced by Rep. Richner and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1980 PA 87, entitled

   "The uniform condemnation procedures act,"

   by amending the title and section 2 (MCL 213.52), the title as

   amended by 1988 PA 189.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    TITLE

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           An act to provide procedures for the condemnation, acquisi-

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      tion, or exercise of eminent domain of real or personal property

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      by public agencies or private agencies; TO RESTRICT THE PURPOSES

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      FOR WHICH EMINENT DOMAIN CAN BE EXERCISED; to provide for an

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      agency's entry upon land for certain purposes; to provide for

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      damages; to prescribe remedies; and to repeal certain acts and

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      parts of acts.

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           Sec.  2.  (1) This act provides standards for the

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      acquisition of property by an agency, the conduct of condemnation


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      actions, and the determination of just compensation.  It does not

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      confer the power of eminent domain  ,  and, EXCEPT AS PROVIDED IN

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      SUBSECTION (2), does not prescribe or restrict the purposes for

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      which or the persons by whom that power may be exercised.

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           (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER OF

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      EMINENT DOMAIN SHALL NOT BE EXERCISED BY ANY PERSON FOR THE PUR-

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      POSE OF ACQUIRING REAL OR PERSONAL PROPERTY FOR A CASINO OR

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      CASINO ENTERPRISE, AS DEFINED IN SECTION 2 OF THE MICHIGAN GAMING

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      CONTROL AND REVENUE ACT, THE INITIATED LAW OF 1996, MCL 432.202.

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           (3) All laws and court rules applicable to civil actions

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      shall apply to condemnation proceedings except as otherwise pro-

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      vided in this act.

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           (4)  (2)  If property is to be acquired by an agency through

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      the exercise of its power of eminent domain, the agency shall

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      commence a condemnation action for that purpose.  An agency shall

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      not intentionally make it necessary for an owner of property to

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      commence an action, including an action for constructive taking

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      or de facto taking, to prove the fact of the taking of the

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      property.

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           (5)  (3)  If a private agency is required by law to secure a

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      certificate of public necessity from the public service commis-

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      sion or other public agency before it may acquire property, the

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      private agency shall not institute judicial proceedings to

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      acquire the property until it has secured the required

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      certificate.







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