Michigan Compiled Laws
Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)
Section 213.52 - Standards Provided; Limitations; Applicable Laws and Court Rules; Commencement of Condemnation Action; Proof of Taking of Property; Certificate of Public Necessity as Condition of Instituting Judicial Proceedings.

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

Michigan Compiled Laws

Chapter 213 - Condemnation

Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)

Section 213.51 - Definitions.

Section 213.51a - Short Title.

Section 213.52 - Standards Provided; Limitations; Applicable Laws and Court Rules; Commencement of Condemnation Action; Proof of Taking of Property; Certificate of Public Necessity as Condition of Instituting Judicial Proceedings.

Section 213.53 - Fluid Mineral and Gas Rights.

Section 213.54 - Payment of Just Compensation for Property if Practical Value or Utility of Remainder Destroyed; Zoning Variance; Entry Upon Property; Purpose; Notice; Restitution for Actual Damages; “Actual Damage” Defined; Civil Action for Order Pe...

Section 213.55 - Just Compensation; Amount; Written Notice to Occupants; Offer; Review of Appraisal; Filing Complaint for Acquisition; "Comparable Replacement Dwelling" Defined; Financial Information; Documents; Determination of Just Compensation; It...

Section 213.56 - Challenge by Owner; Motion to Review Necessity; Hearing; Determination by Public Agency Binding on Court; Judicial Determination of Public Necessity in Acquisition by Private Agency; Certificate by Public Service Commission or Federa...

Section 213.56a - Reversal of Agency's Election of Reservation of Rights; Revised Good Faith Offer; Stipulation to Reverse Agency Election and Waive Cost Recovery Claim Against Owner.

Section 213.57 - Vesting of Title in Agency; Vesting of Right to Just Compensation; Delay or Denial.

Section 213.58 - Payment by Escrowee of Money Deposited; Funds Remaining in Escrow as Security for Remediation Costs; Court Order; Released Funds; Circumstances; Reversal of Agency's Election Under MCL 213.56a(1); Applicability of Subsections (2) and...

Section 213.59 - Surrender of Possession of Property to Agency; Time and Terms; Enforcement; Granting Interim Possession to Private Agency; Indemnity Bond; Appeal; Liability for Damages; Repayment as Condition of Order Setting Aside Determination of...

Section 213.60 - Order Fixing Date for Hearing.

Section 213.61 - Scheduling Order; Exchange of Appraisal Reports; Opportunity for Discovery; Appraisal Report; Testimony Relating to Value of Real Property; Orders to Facilitate Compliance.

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 213.66 - Witness Fees and Compensation; Reimbursement of Owner's Attorney Fees and Other Expenses; Matters Involving Relocation of Indigent Person; "Indigent Person" Defined.

Section 213.67 - Discontinuance.

Section 213.68 - Reimbursement of Expenses in Evaluating Agency's Offer, Preparing for Trial, or Negotiating Settlement; Enforcement of Rights; Filing Claim.

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 213.73 - Enhancement in Value as Consideration in Determining Compensation; Complaint; Compensation; Requiring Agency to Acquire Portion Claimed to Be Enhanced; Burden of Proof.

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.