Michigan Compiled Laws
Act 119 of 1919 - Taking of Public Utility by City (213.111 - 213.134)
Section 213.128 - Appeal; Hearing; Determination; Expenses, Compensation, Damage.

Sec. 18.
The said appeal may be brought on for hearing at any term of the supreme court, and said court may affirm, or for any substantial error reverse the judgment, either in whole or in part, and may grant a new trial, either upon the whole case or upon such parts as the court may deem just. The said court shall allow the prevailing party his reasonable costs and expenses to be taxed, and all costs, damages and expenses awarded to the city, if it so elect, may be applied on or deducted from the compensation, if any, to be paid, or execution may issue on the judgment. Damages may be awarded against a party appealing without reasonable cause.
History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3828 ;-- CL 1948, 213.128

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.