Michigan Compiled Laws
215-1895-XXV - Chapter XXV Appropriation of Private Property. (105.1...105.29)
Section 105.25 - Verdict Confirmed; Sums Awarded; Payment Within Year; Raising of Funds; Treasurer, Duties; Right of Entry; Writ of Assistance.

Sec. 25.
Within 1 year after the confirmation of the verdict of the jury, or after the judgment of confirmation shall on appeal be confirmed, the council shall set apart and cause to be provided in the treasury, unless already provided, the amount required to make compensation to the owners and persons interested, for the private property taken, as awarded by the jury, and shall, in the resolution setting apart and providing said sum, if not already provided, direct the city to pay the persons respectively entitled to the money so set apart and provided, to each his or her portion, as ascertained and awarded by said verdict. And it shall be the duty of the treasurer to securely hold such money in the treasury for the purpose of paying for the property taken, and pay the same to the persons entitled thereto, according to the verdict of the jury, on demand, and not pay out the money for any other purpose whatever. The council may provide the necessary amount by borrowing from any other money or fund in the treasury and repay the same from money raised to pay the compensation awarded by the jury when collected or otherwise, as they may provide. Whenever the necessary sum is actually in the treasury for such purpose, the treasurer shall make and sign duplicate certificates, verified by his oath, showing that the amount of compensation awarded by the jury is actually in the treasury for payment of the private property taken in the case, giving the title of the case; he shall cause 1 of the certificates to be filed in the office of the probate court before whom such proceedings were had, or his successor, or in case an appeal has been had, then in the office of the clerk of the court in which the proceedings were had, and the other to be filed with the city clerk, which certificate shall be prima facie evidence of the matters therein stated. Whenever the amount of such compensation is in the treasury and thus secured to be paid, the council may enter upon and take possession of and use such private property for the purposes for which it was taken, and may remove all buildings, fences and other obstructions therefrom. In case of resistance or refusal on the part of any one to the council or their agents and servants entering upon and taking possession of such private property for the use and purpose for which it was taken, at any time after the amount of the compensation aforesaid is actually in the treasury, ready to be paid to those entitled thereto, the council, by the city attorney, may apply to the court, and shall be entitled, on making a sufficient showing, to a writ of assistance to put them in possession of the property.
History: 1895, Act 215, Eff. Aug. 30, 1895 ;-- Am. 1899, Act 136, Imd. Eff. June 21, 1899 ;-- CL 1915, 3160 ;-- CL 1929, 2084 ;-- CL 1948, 105.25

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 81 - 113 - Fourth Class Cities

Act 215 of 1895 - The Fourth Class City Act (81.1 - 113.20)

215-1895-XXV - Chapter XXV Appropriation of Private Property. (105.1...105.29)

Section 105.1 - Condemnation.

Section 105.2 - Condemnation; Proceedings.

Section 105.3 - Condemnation; Resolution of Council; Suit.

Section 105.4 - Condemnation; Certified Copy of Resolution, Delivery to Attorney; Petition, Contents; Filing; Evidence.

Section 105.5 - Probate Court Summons; Contents.

Section 105.6 - Probate Court Summons; Service; Guardian Ad Litem; Appearance Order; Alias, Pluries Summons; Return, Filing; Evidence.

Section 105.7 - Probate Court; Impaneling Jury; Composition of Jury.

Section 105.8 - Probate Court; Oath of Jurors, Form; Duties; Instruction; Verdict.

Section 105.9 - Probate Court; Verdict of Jury; Contents, Necessity, Damages.

Section 105.10 - Probate Court; Jury to Retire With Petition, Map, Blank Verdict; Form of Verdict.

Section 105.11 - Probate Court; Amendments Allowed.

Section 105.12 - Probate Court; Docket Entries, Copy; Confirmation Judgement on Application, Time; New Proceedings; Appeal.

Section 105.13 - Probate Court; Disagreement of Jury; Impaneling New Jury.

Section 105.14 - Juror; Disability; Procedure.

Section 105.15 - Circuit Court; Appeal, Procedure; Bond.

Section 105.16 - Circuit Court; Probate Court to Return Appeal.

Section 105.17 - Circuit Court; Jurisdiction; Proceedings.

Section 105.18 - Circuit Court Jury; Impaneling.

Section 105.19 - Circuit Court; Oath of Jurors, Form; Duties; Instruction.

Section 105.20 - Circuit Court; Verdict of Jury; Contents, Necessity, Damages.

Section 105.21 - Circuit Court; Jury May Retire With Petition, Map, Blank Verdict; Form of Verdict.

Section 105.22 - Circuit Court; Confirmation of Proceedings; Cost.

Section 105.23 - Circuit Court; Judgment of Confirmation; Records of City Clerk; Contents, Evidence.

Section 105.24 - Verdict Confirmed; Sums Awarded; Procedure for Collection; Assessment; Evidence; City Purchaser at Sale.

Section 105.25 - Verdict Confirmed; Sums Awarded; Payment Within Year; Raising of Funds; Treasurer, Duties; Right of Entry; Writ of Assistance.

Section 105.26 - Court Proceedings; Officers, Jurors, Witnesses; Fees, Compensation.

Section 105.27 - Repealed. 2018, Act 199, Eff. Sept. 18, 2018.

Section 105.28 - Property; Sale of Buildings; Moneys, Disposition.

Section 105.29 - Property; Negotiation; Purchase.