Michigan Compiled Laws

Mich. Comp. Laws § 213.171 (2026)

Property; acquisition by county road or state highway commissioners; approval of required officials.

✓ current as of July 2026

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ACQUIRING PROPERTY FOR HIGHWAY PURPOSES

Act 352 of 1925

213.171 Property; acquisition by county road or state highway commissioners; approval of required officials.

Sec. 1.

Boards of county road commissioners, with the approval of the board of supervisors, and the state highway commissioner are hereby authorized and empowered to secure from the owners thereof:

(a) Property for the right of way for any highway to be laid out, altered, or widened, or for changing the line thereof;

(b) Gravel, rock, sand, dirt and any and all other materials that may be needed for the proper construction, improvement or maintenance of a highway;

(c) Property deemed by the board or commissioner to be necessary to give to persons using a highway a clear view of approaching persons and vehicles, cars, trains and other instruments of travel, at any intersection of a highway with another highway or with a railroad track;

(d) Property deemed by the board or commissioner to be necessary to change the channel of any water course, natural or artificial, in order to maintain a proper alignment of any highway without crossing such water course and the riparian rights of any person, firm or corporation in or pertaining to any such water course;

(e) The fee or any lesser estate in land abutting on any highway right of way and deemed by the board or commissioner to be necessary for the storage of road machinery, equipment or materials;

(f) Property deemed by the board or commissioner to be necessary for the location, development and construction of off-street parking places for vehicles, to facilitate the flow of traffic on sections of the highways forming by-passes around and connections into and through municipalities and metropolitan areas, upon which sections parking is permanently prohibited;

(g) Property deemed by the board or commissioner to be necessary for the construction, adjacent to the highways, of flight strips for the landing and take off of aircraft in order to insure greater safety for traffic. For the purpose of uniformity the size, location, layout, lighting and markings of such flight strips shall be in conformity with rules and regulations to be prescribed by the commissioner;

(h) Any and all other property and property rights deemed by the board or commissioner having jurisdiction over a highway to be necessary for the proper construction, improvement, landscaping, or maintenance thereof, including the development, construction and maintenance, adjacent to such highways, of roadside springs, parking spaces, and information lodges, in the interest of the beneficial use of such highways by the traveling public;

(i) The state highway commissioner and boards of county road commissioners are authorized and empowered to take property and property rights under the provisions of this act within the limits of any incorporated city or village in this state: Provided, however, That before any proceedings are taken under this act involving the taking of any property or property rights in any city or village for the changing, altering, opening or widening of any street or highway, said street or highway shall be taken over as county road or designated as a state trunk line or federal aid highway, as the case may be, and the consent of the village or city council by resolution so to take over or designate said street or highway as a county road or state trunk line or federal aid highway shall be first obtained.

History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3884 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- Am. 1942, 2nd Ex. Sess., Act 21, Imd. Eff. Mar. 2, 1942 ;-- CL 1948, 213.171

Notes of Decisions

Cited in 30 cases, 1953–2017 · leading case: New Prods. Corp. v. State High. Comm'r, 88 N.W.2d 528 (Mich. 1958).

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New Prods. Corp. v. State High. Comm'r, 88 N.W.2d 528 (Mich. 1958). · cites it 4× “* As required by section 1 of said act, as amended (CL 1948, § 213.171 [Stat Ann 1957 Cum Supp § 8.171]), the approval of the city commission of Benton Harbor wms given by resolution adopted June 8, 1953, wdiich resolution indicated the route of the relocated highway and also…”

State High. Comm'n v. L & L Concession Co., 187 N.W.2d 465 (Mich. Ct. App. 1971). · cites it 2× “1 These proceedings were initiated by the Michigan State Highway Commission pursuant to MCLA § 213.171, et seq. (Stat Ann 1958 Rev § 8.”

City of Dearborn v. Michigan Tpk. Auth., 73 N.W.2d 544 (Mich. 1955). · cites it 2× “352 *54 of the Public Acts of 1925, as amended, being sections 213.171 to 213.199, inclusive, of the Compiled Laws of 1948.”

State High. Comm'r v. Fegin, 141 N.W.2d 312 (Mich. Ct. App. 1966). · cites it 2× “This appeal arises out of proceedings in eminent domain, instituted by appellant pursuant to PA 1925, No 352 (CL 1948, § 213.171 et seq., as amended [Stat Ann 1958 Rev and Stat Ann 1965 Cum Supp § 8.”

City of Detroit v. Michael's Prescriptions, 373 N.W.2d 219 (Mich. Ct. App. 1985). “In that case, the State Highway Commission, under MCL 213.171 et seq.; MSA 8.171 et seq., condemned a *815 parcel of realty in Grand Rapids improved by an automobile racetrack and grandstands.”

In Re Grand Haven High., 97 N.W.2d 748 (Mich. 1959). “NOTES [*] See CL 1948, § 213.171 et seq. (Stat Ann and Stat Ann 1957 Cum Supp § 8.”

Lookholder v. State High. Comm'r, 91 N.W.2d 834 (Mich. 1958). “To review condemnation proceedings instituted under PA 1925, No 352, as amended (CL 1948, § 213.171 et seq. [Stat Ann and Stat Ann 1957 Cum Supp §8.”

Dep't of Transp. v. Toledo, Peoria & W. R.R., 376 N.E.2d 88 (Ill. App. Ct. 1978). “The Michigan cases are based in part on a Michigan statute ( Mich. Comp. Laws §213.171 (b) (1948) (Mich.”

State High. Comm'r v. Goodman, 84 N.W.2d 507 (Mich. 1957). · cites it 2× “The plaintiff, State highway commissioner, condemned various parcels of property belonging to the defendants for State highway purposes under the'State statute authorizing such action, being PA 1925, No 352 (CL 1948, § 213.171 et seq. [Stat Ann and Stat Ann 1955 Cum Supp § 8.”

State High. Comm'r v. Hessell, 147 N.W.2d 464 (Mich. Ct. App. 1967). “The applicable statute, PA 1925, No 352, as amended, CL 1948, § 213.171 et seq. (Stat Ann 1958 Rev § 8.”

State High. Comm'r v. Ottawa Circuit Judge, 339 Mich. 390 (Mich. 1954). “Under PA 1925, No 352, as amended (CL 1948, § 213.171 et seq. [Stat Ann §8.171 et seq.”

Winter v. State High. Comm'r, 135 N.W.2d 364 (Mich. 1965). “4 CL 1948, § 213.171 et seq. (Stat Ann 1958 Rev § 8.”

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— Mich. Comp. Laws § 213.171(h) — 1 case

Wolverine Sign Works v. State High. Comm'n, 218 N.W.2d 863 (Mich. Ct. App. 1974).

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.