Sec. 13.
On the day fixed as aforesaid, the court shall enter the default of all persons interested in the property described who have not appeared, and shall direct the payment to such persons of the sums stated in the determination aforesaid, as compensation for the taking of the pieces or parcels of property in which they are interested; and the court shall also, unless sufficient cause to the contrary be shown, appoint 3 disinterested persons commissioners, herein called court commissioners, whose duty it shall be to appraise the damages to be paid as compensation for the taking of the property described in the petition, in respect to which an appearance is made, for highway purposes. Said commissioners shall not be residents of the township in which the property sought to be taken is situated. The court shall fix the time and place for the first meeting of such court commissioners, and require their attendance; it may also authorize the court commissioners to adjourn their meeting from time to time not later than to a day to be named, and shall fix the time for filing their report. After the appointment of court commissioners, no discontinuance shall be filed and no order of discontinuance may be entered except upon payment of expenses of the proceeding and reasonable attorney fees of all parties in interest who have appeared in said proceedings, under the order of the court.
History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- CL 1929, 3896 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.183
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.