Sec. 2.
(1) This act provides standards for the acquisition of property by an agency, the conduct of condemnation actions, and the determination of just compensation. It does not confer the power of eminent domain, and does not prescribe or restrict the purposes for which or the persons by whom that power may be exercised. All laws and court rules applicable to civil actions shall apply to condemnation proceedings except as otherwise provided in this act.
(2) If property is to be acquired by an agency through the exercise of its power of eminent domain, the agency shall commence a condemnation action for that purpose. An agency shall not intentionally make it necessary for an owner of property to commence an action, including an action for constructive taking or de facto taking, to prove the fact of the taking of the property.
(3) If a private agency is required by law to secure a certificate of public necessity from the public service commission or other public agency before it may acquire property, the private agency shall not institute judicial proceedings to acquire the property until it has secured the required certificate.
History: 1980, Act 87, Imd. Eff. Apr. 8, 1980
Structure Michigan Compiled Laws
Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)
Section 213.51a - Short Title.
Section 213.53 - Fluid Mineral and Gas Rights.
Section 213.57 - Vesting of Title in Agency; Vesting of Right to Just Compensation; Delay or Denial.
Section 213.60 - Order Fixing Date for Hearing.
Section 213.62 - Just Compensation; Trial by Jury.
Section 213.63 - Just Compensation; Verdict; Division of Award.
Section 213.63a - Duplicative Payment Prohibited.
Section 213.64 - Notes and Exhibits to Assist Jury.
Section 213.65 - Interest on Judgment Amount.
Section 213.67 - Discontinuance.
Section 213.69 - Agreement on Compensation or Method of Determining Compensation.
Section 213.70 - Determination of Fair Market Value.
Section 213.71 - Counterclaim.
Section 213.72 - Lease, Sale, or Conveyance of Property; Terms; Record.
Section 213.74 - Coercive Actions Prohibited.
Section 213.75 - Commencement of Actions for Acquisition of Property.
Section 213.76, 213.77 - Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996.