Michigan Compiled Laws
Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)
Section 213.176 - Possession Notice; Vesting of Title; Removal of Obstructions on Property.

Sec. 6.
Upon the filing of such determination and proof of payment, tender or deposit as above provided, the board or commissioner having the matter in charge shall give notice thereof to the owners or occupants of the property therein described, which notice shall be served as provided in section 29 of this act. Said notice shall state that the said board or commissioner is about to take possession of said property for the highway purposes in said determination stated, and in cases where it is determined that benefits equal or exceed damage, such fact shall be clearly set forth in said notice, which may also direct the owners or occupants of such property to remove their fence or fences or other obstructions and encroachments within 10 days thereafter. Upon the filing of such determination and the giving of such notice, the title, and the right of possession to all of the property and property rights described in the determination shall vest in the county or state, as the case may be, for the purpose or purposes therein stated, and in case the owners or occupants thereof shall neglect or refuse to remove their fence, fences and other obstructions and encroachments within 10 days, the board or commissioner shall have the full power, and it shall be their duty to enter upon the premises with such aid and assistance as shall be necessary and remove such fence or fences, obstructions or encroachments without delay: Provided, That no person interested as owner, or otherwise, in any of the property described in such determination, shall be required to vacate any lands or premises or move any dwelling house or other building until after the damages, if any, determined as aforesaid, for the taking of such property have been paid or tendered, and the notices given, in accordance with the provisions of sections 4, 4a, 5 and 6 of this act.
History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3889 ;-- Am. 1931, Act 216, Eff. Sept. 18, 1931 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.176

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 213 - Condemnation

Act 352 of 1925 - Acquiring Property for Highway Purposes (213.171 - 213.199)

Section 213.171 - Property; Acquisition by County Road or State Highway Commissioners; Approval of Required Officials.

Section 213.172 - Property for County and Trunk Line; Conveyances, Name, Fluid Mineral and Gas Rights, Recording.

Section 213.173 - Payment of Purchase Price for Property.

Section 213.174 - Determination of Necessity by Board or Commissioner; Hearing.

Section 213.174a - Determination of Necessity by Circuit Court Commissioner if Board or Commissioner Is Disqualified.

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.

Section 213.199 - All Notices and Orders; Service.