Sec. 20.
(1) A change in the fair market value before the date of the filing of the complaint which the agency or the owner establishes was substantially due to the general knowledge of the imminence of the acquiring by the agency, other than that due to physical deterioration of the property within the reasonable control of the owner, shall be disregarded in determining fair market value. Except as provided in section 23, the property shall be valued in all cases as though the acquisition had not been contemplated.
(2) The general effects of a project for which property is taken, whether actual or anticipated, that in varying degrees are experienced by the general public or by property owners from whom no property is taken, shall not be considered in determining just compensation. A special effect of the project on the owner's property that, standing alone, would constitute a taking of private property under section 2 of article X of the state constitution of 1963 shall be considered in determining just compensation. To the extent that the detrimental effects of a project are considered to determine just compensation, they may be offset by consideration of the beneficial effects of the project.
(3) The date of acquiring and of valuation in a proceeding pursuant to this act shall be the date of filing unless the parties agree to a different date, or unless a different date is determined by a counterclaim filed under section 21. The value of each parcel, and of a part of a parcel remaining after the acquisition of a part of the parcel, shall be determined with respect to the condition of the property and the state of the market on the date of valuation. However, if anticipated damages are avoided because of changes in the taking or project or changes in the actual effect of the taking or project on the remaining property, the property shall be valued as if those damages had not been anticipated.
History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
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.