Michigan Compiled Laws
Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)
Section 213.120 - Jury to Determine Necessity; Oath; Duties; Instruction; Written Verdict.

Sec. 10.
Whenever the city attorney, corporation council [counsel] or the law officer of the city shall request that the jury be empaneled under the proviso contained in section 3 of this act, such jury shall be sworn or shall affirm in substance as follows: "You do solemnly swear (or affirm) that you will well and truly ascertain and determine whether it is necessary to take for public use the absolute title in fee to the public utility which the petition describes and prays may be taken for public use, and faithfully and impartially discharge all other duties as devolve upon you in this case and unless discharged by the court a true verdict give according to the laws and the evidence, so help you God (or under the pains and penalties of perjury)." The jury shall hear the proofs and allegations of the parties and if so ordered by the court shall, in charge of an officer, go to the place where the public utility sought to be taken is situated and upon or as near thereto as practicable and examine the premises. They shall be instructed as to their duties and the law of the case by the judge of the court and shall retire under the charge of an officer and render their verdict in the same manner as on the trial of an ordinary civil case, but the same shall be in writing and be signed by the foreman or by all the jurors.
History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3820 ;-- CL 1948, 213.120

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.