Michigan Compiled Laws
Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)
Section 213.118 - Jury; Determination and Award; Title Vested in Petitioner.

Sec. 8.
The jury shall determine by their verdict the necessity for taking the absolute title in fee to such private property for public use, and in case they find such necessity exists, they shall award just compensation therefor to the owners of the property taken as well as to the owners of any mortgage, lease, agreement or other lien, estate or other interest therein. But the petitioner may take the absolute title in fee to said property subject to any mortgage or other lien thereon whenever its intention so to do is declared in the resolution of the common council, provided for in section 2 of this act, as well as in the petition of the city attorney, corporation counsel or other legal representative of the city under section 3 of this act, and in that event no compensation shall be awarded to the holder of such mortgage or lien.
History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3818 ;-- CL 1948, 213.118

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 213 - Condemnation

Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)

Section 213.111 - Cities, Authority to Take Over Public Utilities.

Section 213.112 - Institution of Proceedings; Council's Resolution of Necessity, Contents; Circuit Court, Jurisdiction.

Section 213.113 - Institution of Proceedings; Petition, Contents; Separate Juries on Request to Determine Necessity, Damages.

Section 213.114 - Summons; Issuance, Contents.

Section 213.115 - Summons; Service; Guardian Ad Litem; Alias, Pluries Summons; Return, Evidence.

Section 213.116 - Jury to Be Empaneled.

Section 213.117 - Jury; Oath; Duties; Instruction; Written Verdict.

Section 213.118 - Jury; Determination and Award; Title Vested in Petitioner.

Section 213.119 - Jury; Use of Petition, Map, Blank Verdict, Form.

Section 213.120 - Jury to Determine Necessity; Oath; Duties; Instruction; Written Verdict.

Section 213.121 - Finding of No Necessity to Take Absolute Fee; Further Proceedings.

Section 213.122 - Finding of Necessity; Right to Possession on Giving Security; Writ of Assistance.

Section 213.123 - Finding of Necessity; Determination of Compensation; Oath of Jurors; Duties; Instruction; Award.

Section 213.124 - Setting Aside Verdict; New Trial; Amendments.

Section 213.125 - Motions for New Trial; Proceedings Arrested; Confirmation, Judgment, Finality.

Section 213.126 - Appeal; Procedure.

Section 213.127 - Appeal; Records Transmitted, Fees; Settlement of Case by Judge.

Section 213.128 - Appeal; Hearing; Determination; Expenses, Compensation, Damage.

Section 213.129 - Verdict; Copy Transmitted to Council; Collection of Award.

Section 213.130 - Verdict; Collection Resolution; Treasurer, Duties; Borrowing Power; Right to Possession; Writ of Assistance.

Section 213.131 - Jury Fees; Compensation.

Section 213.132 - Attorney Fees; Expenses, Costs; Payment by Municipality.

Section 213.133 - Discontinuance Prohibited After Verdict; Further Proceedings.

Section 213.134 - Property Ownership; Prima Facie Evidence.