Sec. 5.
Such determination may be filed with the county clerk if with reference to a county road, and in the office of the state highway commissioner if with reference to a state trunk line highway, and a certified copy thereof recorded in the office of the register of deeds of the county in which the property is situated. Such register of deeds shall receive such instrument for record only from the highway officials in charge of the matter. Compensation for the taking of the property therein described shall promptly thereafter be paid or tendered to the owner thereof if known and residing in the county in which the land is situated, and if such tender be not accepted or the owner shall be unknown, or a non-resident of the county, by depositing with the county or state treasurer, as the case may be, the amount determined as the damages to be paid as such compensation, the same to be paid to the person or persons entitled thereto upon the execution or delivery of the proper release or releases or subject to the order of the court in case of defaults or an award of damages by court commissioners as hereinafter provided. In case it shall be so determined that the benefits equal or exceed the damage, payment, tender or deposit as aforesaid shall not be necessary, but such fact shall be clearly set forth in the notice required by section 6 hereof.
History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3888 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.175
Structure Michigan Compiled Laws
Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)
Section 213.173 - Payment of Purchase Price for Property.
Section 213.174 - Determination of Necessity by Board or Commissioner; Hearing.
Section 213.175 - Determination of Necessity; Filing and Recording; Compensation for Property.
Section 213.176 - Possession Notice; Vesting of Title; Removal of Obstructions on Property.
Section 213.177 - Petition; Circuit Court to Appoint Commissioners to Determine Damages.
Section 213.178 - Petition; Order for Hearing, Service.
Section 213.179 - Petition; Service Upon Guardians; Guardian Ad Litem.
Section 213.180 - Petition; Constructive Service; Order for Appearance.
Section 213.181 - Order for Appearance; Publication; Mailing and Service of Order.
Section 213.182 - Order for Appearance; Proof of Publication and Service; Filing.
Section 213.183 - Default of Persons Not Appearing; Court-Appointed Commissioners; Discontinuance.
Section 213.184 - Commissioners; Meetings, Adjournments; Witnesses.
Section 213.185 - Commissioners; View of Premises; Hearing; Evidence of Ownership.
Section 213.186 - Commissioners; Appraisal of Damages; Reports.
Section 213.187 - Commissioners; Not Necessary to Include All Parcels of Property in Same Petition.
Section 213.188 - Benefits to Owners; Deduction From Damage Costs.
Section 213.189 - Orders of Court Upon Determination and in Regarding Commissioners.
Section 213.190 - Confirmation of Commissioner's Report; Witness, Attorney, Damage Fees.
Section 213.191 - Compensation of Highway Condemnation Commissioners; Expenses.
Section 213.192 - Prima Facie Evidence; Certificate, Report, or Determination.
Section 213.193 - Right to Acquire Property of Municipalities and Cemetery Associations; Exchange.
Section 213.194 - Sale of Excess Land; Conveyance; Record.
Section 213.195 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
Section 213.197 - Review by Certiorari; Procedure; Time Limitations.
Section 213.198 - State Highway Commissioner or Deputy May Conduct Proceedings.