Michigan Compiled Laws
Act 87 of 1980 - The Uniform Condemnation Procedures Act (213.51 - 213.77)
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.

Sec. 11.
(1) Upon motion of either party, the court shall issue a scheduling order to assure that the appraisal reports are exchanged and the parties are afforded a reasonable opportunity for discovery before a case is submitted to mediation, alternative dispute resolution, or trial.
(2) An appraisal report provided pursuant to this section shall fairly and reasonably describe the methodology and basis for the amount of the appraisal. If the testimony or opinion of a person relating to the value of real property would require a license under article 26 of the occupational code, Act No. 299 of the Public Acts of 1980, being sections 339.2601 to 339.2637 of the Michigan Compiled Laws, the appraisal shall comply with section 2609 of Act No. 299 of the Public Acts of 1980, being section 339.2609 of the Michigan Compiled Laws, and the standards adopted under section 2609 of Act No. 299 of the Public Acts of 1980 and the person shall not be permitted to testify or otherwise render an opinion relating to the value of real property unless the person is licensed under that article. An owner is not required to be licensed or to comply with professional appraisal standards to testify to the value of the owner's property.
(3) The court may issue orders to facilitate compliance with this section, including but not limited to orders to require mutual simultaneous exchange of the agency's updated appraisal report, if any, and the owner's appraisal report. If an appraisal report has not been provided pursuant to this section, the appraisal report shall not be considered in mediation or alternative dispute resolution proceedings unless specifically authorized by court order. If an appraisal report has not been provided pursuant to this section, the court may bar the taking of appraisal testimony from the appraisal expert, unless the court finds good cause for the failure and finds that the interests and opportunity of the other party to prepare have not been prejudiced.
History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996

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.