Sec. 12.
If the jury find that it is necessary to take for public use the absolute title in fee to such public utility, the petitioner may at once take possession of said property upon giving security to be approved by the court, after due notice to all parties concerned, to make just compensation to all persons entitled thereto for the taking the absolute title in fee to said public utility for public use by petitioner, under this act and in case said verdict is set aside said city to account to the owner or persons interested for all rents or profits derived by it from such possession and to indemnify them for all damages they may sustain thereby, and in the event said petitioner shall be entitled, on making a sufficient showing, to a writ of assistance to put it in possession of the property, as if the compensation for the taking of the absolute title in fee to such property awarded by the jury had been awarded and paid into the city treasury in accordance with section 20 of this act.
History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3822 ;-- CL 1948, 213.122
Structure Michigan Compiled Laws
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 213.114 - 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 213.124 - 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 213.131 - Jury Fees; Compensation.
Section 213.132 - Attorney Fees; Expenses, Costs; Payment by Municipality.
Section 213.133 - Discontinuance Prohibited After Verdict; Further Proceedings.