Michigan Compiled Laws

Mich. Comp. Laws § 213.172 (2026)

Property for county and trunk line; conveyances, name, fluid mineral and gas rights, recording.

✓ current as of July 2026

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ACQUIRING PROPERTY FOR HIGHWAY PURPOSES

Act 352 of 1925

213.172 Property for county and trunk line; conveyances, name, fluid mineral and gas rights, recording.

Sec. 2.

Property for a county road shall be secured by the board of county road commissioners and shall be taken in the name of the county. Property for trunk line highway purposes shall be secured by the state highway commissioner and shall be taken in the name of the state, excepting that excess property taken for highway purposes shall be taken in the name of the state highway commissioner. All such property shall be acquired by a release or other appropriate conveyance duly executed by the owner or owners of the lands and acknowledged and witnessed in the manner provided by law for the acknowledging and witnessing of deeds: Provided, That fluid mineral and gas rights shall be deemed excluded from such release or conveyance unless specifically included therein. The exercise of such fluid mineral and gas rights, as permitted by law, shall not interfere with the use of such property. All such releases and conveyances shall be recorded in the office of the register of deeds of the county in which the land is situated.

History: 1925, Act 352, Imd. Eff. May 27, 1925 ;-- Am. 1927, Act 92, Imd. Eff. Apr. 30, 1927 ;-- CL 1929, 3885 ;-- Am. 1935, Act 258, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 237, Eff. Oct. 29, 1937 ;-- Am. 1941, Act 279, Eff. Jan. 10, 1942 ;-- CL 1948, 213.172 ;-- Am. 1962, Act 22, Eff. Mar. 28, 1963

Notes of Decisions

Cited in 1 case, 1965–1965 · leading case: Winter v. State High. Comm'r, 135 N.W.2d 364 (Mich. 1965).

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Winter v. State High. Comm'r, 135 N.W.2d 364 (Mich. 1965). “1 CL 1918, §213.172 (Stat Ann 1958 Rev §8.172). Amended by PA 1962, No 22, not applicable here, to provide that fluid mineral and gas rights should be deemed excluded from such releases or conveyances unless specifically included therein, and that exercise of such rights should…”

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