Michigan Compiled Laws

Mich. Comp. Laws § 207.5 (2026)

Definitions.

✓ current as of July 2026
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STATE BOARD OF ASSESSORS; ASSESSMENT OF PROPERTY OF CERTAIN PUBLIC UTILITIES


Act 282 of 1905


207.5 Definitions.

Sec. 5.

    (1) As used in this act, "property" means 1 of the following:

    (a) Except as otherwise provided in subdivision (b), all property, real or personal, belonging to the persons, corporations, companies, copartnerships, and associations subject to taxation under this act, including rights-of-way, road beds, stations, cars, rolling stock, tracks, wagons, horses, office furniture, telegraph and telephone poles, wires, conduits, switchboards, all other property used in carrying on their business and owned by them respectively, all other real and personal property, and all franchises. Franchises shall not be directly assessed, but shall be considered in determining the value of the other property. Property does not include, apply to, or subject to taxation property or real property owned and capable of being conveyed by the persons, corporations, companies, copartnerships, and associations subject to taxation under this act that is not actually occupied in the exercise of their franchises, or in use in the operation and conduct of their business.

    (b) For telegraph companies and telephone companies only, for tax years that begin after December 31, 2005, only property that would be subject to the collection of taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.157, if that property were not subject to taxation under this act.

    (2) Real property exempt from the tax levied under this act under subsection (1) is subject to taxation in the same manner, for the same purposes, to the same extent, and subject to the same conditions and limitations as other real property in the townships or municipalities in which that property is located.

    (3) As used in this act, the terms "company", "corporation", "copartnership", "association", and "person" apply to and shall be construed as referring to the following:

    (a) A railroad company, union station and depot company, telegraph company, telephone company, sleeping car company, express company, car loaning company, stock car company, refrigerator or fast freight line company, or any other companies owning, leasing, running, or operating any freight cars, stock cars, refrigerator cars, or any other cars, not the exclusive property of a railroad company paying taxes upon its rolling stock under this act, over or upon the line or lines of any railroad or railroads in this state.

    (b) A firm, joint stock association, copartnership, corporation, or other association or person engaged in carrying on any business, the tangible property of which is subject to taxation under this act.

    (4) As used in this act, "property having a situs in this state," includes all of the following:

    (a) Except as otherwise provided in subdivision (b), the property, real and personal, of the persons, corporations, companies, copartnerships, and associations subject to taxation under this act, owned, used, and occupied by them within this state, and also the proportion of their rolling stock, cars, and other property used partly within and partly outside of this state as provided in this act.

    (b) For telegraph companies and telephone companies only, for tax years that begin after December 31, 2005, only the tangible property, real and personal, owned, used, and occupied by them within this state.

History: 1905, Act 282, Eff. Sept. 16, 1905 ;-- Am. 1909, Act 49, Eff. Sept. 1, 1909 ;-- CL 1915, 4217 ;-- CL 1929, 3556 ;-- CL 1948, 207.5 ;-- Am. 2002, Act 610, Imd. Eff. Dec. 20, 2002

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1959–2022 · leading case: Chrysler Rail Transp. Corp. v. Holt, 845 F. Supp. 463 (W.D. Mich. 1994).
Chrysler Rail Transp. Corp. v. Holt, 845 F. Supp. 463 (W.D. Mich. 1994). “§ 207.5. If situs is established, then the railroad property is taxed centrally by the State of Michigan rather than by local units of government.”
Duluth, Ss & Ar Co. v. C. & S. Comm., 92 N.W.2d 22 (Mich. 1959). “" CL 1918 § 207.5 (Stat Ann 1950 Rev § 7.255). It is this last language upon which appellant bases his State constitutional arguments.”
Lucre Inc v. City of Grand Rapids (Mich. Ct. App. 2015). · cites it 9× “If the property at issue satisfies the definition of “property having a situs in this state” under MCL 207.5, then it is taxed by the State rather than local units of government.”
Wells Fargo Rail Corp v. State of Michigan (Mich. Ct. App. 2022). “[MCL 207.5(1)(a).] The PUTA allows taxed entities several credits against the tax imposed, however.”
— Mich. Comp. Laws § 207.5(1)(a) — 1 case
Wells Fargo Rail Corp v. State of Michigan (Mich. Ct. App. 2022). “[MCL 207.5(1)(a).] The PUTA allows taxed entities several credits against the tax imposed, however.”
— Mich. Comp. Laws § 207.5(4) — 1 case
Lucre Inc v. City of Grand Rapids (Mich. Ct. App. 2015). “If the property at issue satisfies the definition of “property having a situs in this state” under MCL 207.5, then it is taxed by the State rather than local units of government.”
— Mich. Comp. Laws § 207.5(4)(b) — 1 case
Lucre Inc v. City of Grand Rapids (Mich. Ct. App. 2015). “If the property at issue satisfies the definition of “property having a situs in this state” under MCL 207.5, then it is taxed by the State rather than local units of government.”
— Mich. Comp. Laws § 207.5(b) — 1 case
Lucre Inc v. City of Grand Rapids (Mich. Ct. App. 2015). “If the property at issue satisfies the definition of “property having a situs in this state” under MCL 207.5, then it is taxed by the State rather than local units of government.”
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