Mich. Comp. Laws » Michigan Compiled Laws / Chapter 213 / Act 236 of 1911
Michigan Compiled Laws

Mich. Comp. Laws § 213.1 (2026)

Condemnation of private property for state use; authority delegated; jurisdiction.

✓ current as of July 2026
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CONDEMNATION BY STATE


Act 236 of 1911


213.1 Condemnation of private property for state use; authority delegated; jurisdiction.

Sec. 1.

    It shall be lawful for the governor or any other person or persons, or any board of regents, board of control or other governing body of any state educational, penal or reformatory institution, when by law authorized to secure for the state or such institution, land as a site for any state building or buildings, state institution or public use, and for the board of regents, board of control or other governing body of any state institution desirous of obtaining the right of way over lands for the benefit of such state institution, when such persons, board of regents, board of control or other governing body, or a majority thereof shall have by resolution declared the taking thereof necessary for the public use of such state institution, to institute or cause to be instituted proceedings in the name and behalf of the state of Michigan against the land sought to be acquired, and against the owners and persons interested therein, in the circuit court of the county where the land is situated, for the purpose of acquiring by the state title to such land by judicial condemnation. And the said court in which such proceeding may be instituted, shall have and possess full jurisdiction of the subject matter of such proceedings, and power to hear, adjudge, and determine all matters touching the proceedings, and the rights and interests of all concerned.

History: 1911, Act 236, Eff. Aug. 1, 1911 ;-- CL 1915, 349 ;-- CL 1929, 3759 ;-- CL 1948, 213.1

Compiler's Notes:

    This act undoubtedly supersedes Sections 1-4 of Act 3 of 1874, being How. 5196-5199, as Am. 1897, Act 128, Eff. Aug. 30, 1897;—CL 1897, 1253-1256, which act was expressly repealed 1915, Act 240, Eff. Aug. 24, 1915. See CL 1929, 120.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1954–2022 · leading case: Peterman v. Dep't of Nat. Resources, 521 N.W.2d 499 (Mich. 1994).
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Peterman v. Dep't of Nat. Resources, 521 N.W.2d 499 (Mich. 1994). · cites it 2× “[15] MCL 213.1 et seq.; MSA 8.1 et seq. [16] Accordingly, "`"where real estate is actually invaded by superinduced water, earth, sand or other material, .”
Michigan Gas Storage Co. v. Gregory, 67 N.W.2d 219 (Mich. 1954). “]), provides for review by certiorari; PA 1911, No 236 (CL 1948, § 213.1 et seq. [Stat Ann § 8.1 et seq.]), authorizing proceedings by the State to condemn private property for public use, is silent upon the subject of review, but it was determined by this Court in People, for…”
20221117_C358755_27_358755.Opn.Pdf (Mich. Ct. App. 2022). “See MCL 213.1 and MCL 213.23.5 In Lim v Mich Dep’t of Transp, 167 Mich App 751, 753 ; 423 NW2d 343 (1988), the defendant relocated the plaintiff’s driveway, and the “plaintiff alleged that defendant’s actions and omissions resulted in a de facto taking of his property without…”
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