Michigan Compiled Laws

Mich. Comp. Laws § 213.122 (2026)

Finding of necessity; right to possession on giving security; writ of assistance.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

TAKING OF PUBLIC UTILITY BY CITY


Act 119 of 1919


213.122 Finding of necessity; right to possession on giving security; writ of assistance.

Sec. 12.

    If the jury find that it is necessary to take for public use the absolute title in fee to such public utility, the petitioner may at once take possession of said property upon giving security to be approved by the court, after due notice to all parties concerned, to make just compensation to all persons entitled thereto for the taking the absolute title in fee to said public utility for public use by petitioner, under this act and in case said verdict is set aside said city to account to the owner or persons interested for all rents or profits derived by it from such possession and to indemnify them for all damages they may sustain thereby, and in the event said petitioner shall be entitled, on making a sufficient showing, to a writ of assistance to put it in possession of the property, as if the compensation for the taking of the absolute title in fee to such property awarded by the jury had been awarded and paid into the city treasury in accordance with section 20 of this act.

History: 1919, Act 119, Eff. Aug. 14, 1919 ;-- CL 1929, 3822 ;-- CL 1948, 213.122

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Wells Fargo Bank v. Country Place Condo. Ass'n, 848 N.W.2d 425 (Mich. Ct. App. 2014).
Wells Fargo Bank v. Country Place Condo. Ass'n, 848 N.W.2d 425 (Mich. Ct. App. 2014). “78m, MCL 213.122, and MCL 322.551 as examples, but chose not to use that specific term in this statute.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.