Michigan Compiled Laws

Mich. Comp. Laws § 213.361 (2026)

Securing fee simple or lesser estate in real property and other property; conditions.

✓ current as of July 2026

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ACQUISITION OF PROPERTY FOR PUBLIC HIGHWAYS

Act 295 of 1966

213.361 Securing fee simple or lesser estate in real property and other property; conditions.

Sec. 1.

Cities, villages, townships, drainage districts, counties, boards of county road commissioners, and the state highway commission, referred to in this act as the petitioner, are authorized and empowered to secure the fee simple or lesser estate in real property and other property from the owners under the following conditions:

(a) Property for the right of way for limited access highways and other highways to be laid out, altered, or widened, or for changing the direction or line of those highways.

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

(c) Property the petitioner determines is necessary to give persons using a highway a clear view of approaching persons and vehicles, cars, trains, and other instruments of travel at an intersection of a highway with another highway or with a railroad track.

(d) Property the petitioner determines is necessary to change the channel of a watercourse, natural or artificial, in order to maintain a proper alignment of a highway without crossing the watercourse and the riparian rights of a person, firm, or corporation in or pertaining to the watercourse.

(e) Property abutting on a highway right of way that the petitioner determines is necessary for the storage of road machinery, equipment, or materials.

(f) Property the petitioner determines is necessary for the location, development, and construction of offstreet parking places for vehicles, or to facilitate the flow of traffic on sections of the highways forming bypasses around and connections into and through municipalities and metropolitan areas, upon which sections parking is permanently prohibited.

(g) Property the petitioner determines is necessary for the construction, adjacent to the highways, of flight strips for the landing and takeoff of aircraft or for clear zones or aviation easements in connection with those flight strips, or a combination, in order to insure greater safety for traffic. For the purpose of uniformity, the size, location, layout, lighting, and markings of the flight strips shall be in conformity with rules to be prescribed by the board or commission.

(h) All other property and property rights the board or commission having jurisdiction over a highway determines to be necessary for the proper construction, improvement, landscaping, or maintenance of the highway including the development, construction, and maintenance, adjacent to those highways, of roadside parks, parking spaces, rest areas, scenic areas, scenic lookouts, information lodges, and other purpose authorized by law in the interest of the beneficial use of the highways by the traveling public.

(i) Nonresidential property cities and villages determine to be necessary for redevelopment or rehabilitation projects as authorized by Act No. 344 of the Public Acts of 1945, as amended, being sections 125.71 to 125.84 of the Michigan Compiled Laws. Nonresidential property means property either zoned or used as commercial, industrial, or professional property.

(j) Property the petitioner determines is necessary for the location, development, and construction of a county water supply system, solid waste disposal system, or county sewage disposal system as authorized by Act No. 185 of the Public Acts of 1957, as amended, being sections 123.731 to 123.786 of the Michigan Compiled Laws or by Act No. 342 of the Public Acts of 1939, as amended, being sections 46.171 to 46.188 of the Michigan Compiled Laws.

(k) Property the petitioner determines is necessary for the location, establishment, construction, improvement, or relief of a drain as authorized by Act No. 40 of the Public Acts of 1956, as amended, being sections 280.1 to 280.630 of the Michigan Compiled Laws.

History: 1966, Act 295, Imd. Eff. July 14, 1966 ;-- Am. 1967, Act 206, Imd. Eff. July 10, 1967 ;-- Am. 1971, Act 220, Imd. Eff. Dec. 30, 1971 ;-- Am. 1978, Act 188, Imd. Eff. June 4, 1978

Notes of Decisions

Cited in 30 cases (1 in the last 5 years), 1968–2024 · leading case: State High. Comm'n v. Vanderkloot, 220 N.W.2d 416 (Mich. 1974).

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State High. Comm'n v. Vanderkloot, 220 N.W.2d 416 (Mich. 1974). · cites it 6× “The first constitutional question concerns the highway condemnation act, MCLA 213.361 et seq.; MSA 8.261(1) et seq.”

Grahovac v. Munising Twp., 689 N.W.2d 498 (Mich. Ct. App. 2004). · cites it 2× “(granting the power of eminent domain for streets to a municipality); MCL 213.361 et seq. (granting the power of eminent domain for public purposes to cities, villages, townships, drainage districts, counties, boards of county road commissioners, and the state highway…”

City of Fenton v. Lutz, 250 N.W.2d 579 (Mich. Ct. App. 1977). · cites it 3× “Plaintiff-city, acting under authority granted it pursuant to MCLA 213.361; MSA 8.261(1), filed a condemnation petition in the Genesee County Circuit Court on July 3, 1974, in order to begin proceedings against property owned by defendants.”

In Re Petition of State High. Comm'n, 178 N.W.2d 923 (Mich. 1970). · cites it 2× “1 MCLA §213.361 et seq. (Stat Ann 1970 Cum Supp § 8.”

City of Grand Rapids v. H R Terryberry Co., 333 N.W.2d 123 (Mich. Ct. App. 1983). · cites it 2× “Ford Museum, pursuant to MCL 213.361 et seq.; MSA 8.261(1) et seq.”

Genesco, Inc. v. Michigan Dep't of Env't Quality, 645 N.W.2d 319 (Mich. Ct. App. 2002). “at 189 , found that the legislation under review, the highway condemnation act, MCL 213.361 et seq., did not violate Const 1963, art 4, § 52.”

State High. Comm'n v. Vanderkloot, 204 N.W.2d 22 (Mich. Ct. App. 1972). · cites it 12× “Plaintiff, Michigan State Highway *59 Commission, acting pursuant to the statutory authority granted it in 1966 PA 295 as amended (MCLA 213.361 et seq.; MSA 8.261[1] et seq.”

Nelson Drainage Dist. v. Filippis, 436 N.W.2d 682 (Mich. Ct. App. 1989). “, and the act providing for the acquisition of property for public highways, MCL 213.361 et seq.; MSA 8.261(1) et seq.”

Chamberlin v. Detroit Edison Co., 165 N.W.2d 845 (Mich. Ct. App. 1968). “CL 1948, § 213.361, et seq. as amended (Stat Ann 1958 Rev § 8.”

In Re Lansing Urban Renewal, 242 N.W.2d 51 (Mich. Ct. App. 1976). “Pursuant to MCLA 213.381; MSA 8.261(21): "Where there has been a prior declaration of taking, interest on the judgment shall commence at the time fixed by the court for the surrender of possession of the property and shall be computed on the amount by which the judgment exceeds…”

Goodwill Cmty. Chapel v. Gen. Motors Corp., 503 N.W.2d 705 (Mich. Ct. App. 1993). “, represents an attempt by the Legislature to enable various condemning governmental agencies, in the absence of any controversy as to the necessity of the taking, to quickly obtain title and possession of condemned real property without the inherent delay found in a normal…”

State High. Comm'n v. Redmon, 202 N.W.2d 527 (Mich. Ct. App. 1972). “Per Curiam Condemnation proceedings were brought by the State Highway Commission against defendant’s land pursuant to the authority granted by 1966 PA 295 , as amended by 1967 PA 206 ; MCLA 213.361 et seq; MSA 8.261(1) et seq.”

Show all 30 citing cases →

— Mich. Comp. Laws § 213.361(1) — 1 case

State High. Comm'n v. Minckler, 233 N.W.2d 527 (Mich. Ct. App. 1975).

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