Sec. 4.
The city clerk shall make and deliver to such attorney, as soon as may be, a copy of such resolution certified under seal, and it shall be the duty of such attorney to prepare and file with such probate court in the name of the city, a petition signed by him in his official character and duly verified by him; to which petition a certified copy of the resolution of the council shall be annexed, which certified copy shall be prima facie evidence of the action taken by the council and of the passage of the said resolution. The petition shall state, among other things, that it is made and filed as commencement of judicial proceedings by the municipality in pursuance of this act to acquire the right to take private property for the use or benefit of the public, without consent of the owners, for a public improvement, designating it, for a just compensation to be made. A description of the property to be taken shall be given, and generally the nature and extent of the use thereof that will be required in making and maintaining the improvement shall be stated, and also the names of the owners and others interested in the property, so far as can be ascertained, including those in possession of the premises. The petition shall also state that the council has declared such public improvement to be necessary and that they deem it necessary to take the private property described in that behalf for such improvement for the use or benefit of the public. The petition shall ask that a jury be summoned and impaneled to ascertain and determine whether it is necessary to make such public improvement, whether it is necessary to take such private property as it is proposed to take for the use or benefit of the public, and to ascertain and determine the just compensation to be made therefor. The petition may state any other pertinent matter or things, and may pray for any other or further relief to which the municipality may be entitled, within the objects of this chapter.
History: 1895, Act 215, Eff. Aug. 30, 1895 ;-- Am. 1899, Act 136, Imd. Eff. June 21, 1899 ;-- CL 1915, 3139 ;-- CL 1929, 2063 ;-- CL 1948, 105.4
Structure 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 105.2 - Condemnation; Proceedings.
Section 105.3 - Condemnation; Resolution of Council; Suit.
Section 105.5 - Probate Court Summons; Contents.
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 105.13 - 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 105.26 - 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.