Mich. Comp. Laws » Michigan Compiled Laws / Chapter 117 / Act 279 of 1909
Michigan Compiled Laws

Mich. Comp. Laws § 117.4e (2026)

Public property; condemnation of private property; permissible charter provisions.

✓ current as of July 2026
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THE HOME RULE CITY ACT


Act 279 of 1909


117.4e Public property; condemnation of private property; permissible charter provisions.

Sec. 4e.

    Each city may in its charter provide:

    (1) For the acquisition by purchase, gift, condemnation, lease, construction or otherwise, either within or without its corporate limits and either within or without the corporate limits of the county in which it is located, of the following improvements including the necessary lands therefor, viz.: City hall, police stations, fire stations, boulevards, streets, alleys, public parks, recreation grounds, municipal camps, public grounds, zoological gardens, museums, libraries, airports, cemeteries, public wharves and landings upon navigable waters, levees and embankments, watch-houses, city prisons and work houses, penal farms, institutions, hospitals, quarantine grounds, electric light and power plants and systems, gas plants and systems, waterworks plants and systems, sewage disposal plants and systems, market houses and market places, office buildings for city officers and employees, public works, and public buildings of all kinds; and for the costs and expenses thereof;

    (2) For the acquisition by purchase, gift, condemnation, lease or otherwise of private property, either within or without its corporate limits and either within or without the corporate limits of the county in which it is located, for any public use or purpose within the scope of its powers, whether herein specifically mentioned or not. If condemnation proceedings are resorted to for the acquisition of private property outside the corporate limits of such city, such condemnation proceedings may be brought under the provisions of Act No. 149 of the Public Acts of 1911, as amended or as may be amended, entitled "An act to provide for the condemnation by state agencies and public corporations of private property for the use or benefit of the public and to define the terms 'public corporations', 'state agencies' and 'private property' as used herein," being sections 353 to 373 inclusive of the Compiled Laws of 1915, or such other appropriate provisions therefor as exist or shall be made by law;

    (3) For the maintenance, development, operation, of its property and upon the discontinuance thereof to lease, sell or dispose of the same subject to any restrictions placed thereupon by law: Provided, That on the sale of any capital asset of a municipally owned utility the money received shall be used in procuring a similar capital asset, or placed in the sinking fund to retire bonds issued for said utility.

History: Add. 1929, Act 126, Eff. Aug. 28, 1929 ;-- CL 1929, 2235 ;-- CL 1948, 117.4e ;-- Am. 1949, Act 207, Eff. Sept. 23, 1949

Compiler's Notes:

    For provisions of Act 149 of 1911, referred to in subdivision (2), see MCL 213.21 et seq.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1956–2023 · leading case: City of Novi v. Robert Adell Child.'s Funded Trust, 701 N.W.2d 144 (Mich. 2005).
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City of Novi v. Robert Adell Child.'s Funded Trust, 701 N.W.2d 144 (Mich. 2005). · cites it 4× “56, which allows the owner of the property to be taken "to challenge the necessity of acquisition of all or part of the property for the purposes stated in the complaint" by filing a motion asking that the necessity be reviewed.”
City of Huntington Woods v. City of Detroit, 761 N.W.2d 127 (Mich. Ct. App. 2008). “MCL 117.4e(3) allows municipalities to provide in their charters “[f]or the maintenance, development, operation, of its property and upon the discontinuance thereof to lease, sell or dispose of the same subject to any restrictions placed thereupon by law[.”
City of Lansing v. Edward Rose Realty, Inc., 502 N.W.2d 638 (Mich. 1993). · cites it 2× “] In addition, the home rule cities act, MCL 117.4e; MSA 5.2078 provides: Each city may in its charter[ [7] ] provide: * * * (2) For the acquisition by .”
Katherine Amen, Plaintiffs-Appellees-Cross-Appellants v. City of Dearborn, a Mun. Corp., Defendants-Appellants-Cross-Appellees, 718 F.2d 789 (6th Cir. 1983). “See Mich.Comp. Laws Ann. § 117.4e(2) (1967) (Mich.”
Adams Outdoor Advert., Inc v. Canton Charter Twp., 711 N.W.2d 391 (Mich. Ct. App. 2006). “1; MCL 117.4e; MCL 125.51 et seq.-, MCL 286.”
Mitchell v. Dep't of Corr., 318 N.W.2d 507 (Mich. Ct. App. 1982). · cites it 2× “MCL 117.4e; MSA 5.2078. Persons may be incarcerated in city prisons for the violation of a city's laws or ordinances.”
W. A. Foote Mem'l Hosp., Inc v. City of Jackson Hosp. Auth., 211 N.W.2d 649 (Mich. 1973). · cites it 2× “Moreover, the city's authority to transfer title rests not only upon the provision above, but also upon the provisions of the home rule city act, MCLA 117.4e(3); MSA 5.2078(3) which states that each city in its charter may provide: "For the maintenance, development, operation of…”
Davis v. City of Detroit, 386 N.W.2d 169 (Mich. Ct. App. 1986). “In fact, the statute expressly provided in § 62 that the department shall supervise the operation of local jails. Nor do we agree with defendant that there is a *259 conflict between the city’s authority to maintain a jail and detain suspects under the home rule act, MCL 117.”
Sinelli v. Birmingham Bd. of Zoning Appeals, 408 N.W.2d 412 (Mich. Ct. App. 1987). “” MCL 117.4e(3); MSA 5.2078(3). The Birmingham City Charter includes such a provision.”
Kalamazoo Mun. Utils. Ass'n v. City of Kalamazoo, 76 N.W.2d 1 (Mich. 1956). “” CLS 1954, §117.4e (3) (Stat Ann 1955 Cum Supp §5.2078 [3]).”
Amen v. City of Dearborn, 363 F. Supp. 1267 (E.D. Mich. 1973). “§ 117.4e to provide in its charter for acquisition by purchase, gift, condemnation, lease or otherwise of private property, .”
Inch Memorials v. City of Pontiac, 286 N.W.2d 903 (Mich. Ct. App. 1979). · cites it 2× “MCL 117.4e; MSA 5.2078. *535 In general, the powers that cities possess fall into three categories: those granted in express words; those necessarily or fairly implied in or incident to the powers expressly granted; and those essential to the accomplishment of the declared…”
Show all 15 citing cases →
— Mich. Comp. Laws § 117.4e(1) — 1 case
City of Grand Rapids v. Kent Cnty., 292 N.W.2d 475 (Mich. Ct. App. 1980).
— Mich. Comp. Laws § 117.4e(2) — 2 cases
Katherine Amen, Plaintiffs-Appellees-Cross-Appellants v. City of Dearborn, a Mun. Corp., Defendants-Appellants-Cross-Appellees, 718 F.2d 789 (6th Cir. 1983). “See Mich.Comp. Laws Ann. § 117.4e(2) (1967) (Mich.”
Novi v. Robert Adell Child.’s Funded Trust, 659 N.W.2d 615 (Mich. Ct. App. 2003).
— Mich. Comp. Laws § 117.4e(3) — 3 cases
City of Huntington Woods v. City of Detroit, 761 N.W.2d 127 (Mich. Ct. App. 2008). “MCL 117.4e(3) allows municipalities to provide in their charters “[f]or the maintenance, development, operation, of its property and upon the discontinuance thereof to lease, sell or dispose of the same subject to any restrictions placed thereupon by law[.”
W. A. Foote Mem'l Hosp., Inc v. City of Jackson Hosp. Auth., 211 N.W.2d 649 (Mich. 1973). “Moreover, the city's authority to transfer title rests not only upon the provision above, but also upon the provisions of the home rule city act, MCLA 117.4e(3); MSA 5.2078(3) which states that each city in its charter may provide: "For the maintenance, development, operation of…”
Sinelli v. Birmingham Bd. of Zoning Appeals, 408 N.W.2d 412 (Mich. Ct. App. 1987). “” MCL 117.4e(3); MSA 5.2078(3). The Birmingham City Charter includes such a provision.”
— Mich. Comp. Laws § 117.4e(l) — 1 case
Davis v. City of Detroit, 386 N.W.2d 169 (Mich. Ct. App. 1986). “In fact, the statute expressly provided in § 62 that the department shall supervise the operation of local jails. Nor do we agree with defendant that there is a *259 conflict between the city’s authority to maintain a jail and detain suspects under the home rule act, MCL 117.”
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