Mich. Comp. Laws » Michigan Compiled Laws / Chapter 213 / Act 87 of 1980
Michigan Compiled Laws

Mich. Comp. Laws § 213.51 (2026)

Definitions.

✓ current as of July 2026
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THE UNIFORM CONDEMNATION PROCEDURES ACT


Act 87 of 1980


213.51 Definitions.

Sec. 1.

    As used in this act:

    (a) "Acquire" or "take" means to secure transfer of ownership of property to an agency by involuntary expropriation.

    (b) "Acquisition" or "taking" means the transfer of ownership of property to an agency by involuntary expropriation.

    (c) "Agency" means a public agency or private agency.

    (d) "Appraisal" means an expert opinion of the value of property taken or damaged, or other expert opinion pertaining to the amount of just compensation.

    (e) "Constructive taking" or "de facto taking" means conduct, other than regularly established judicial proceedings, sufficient to constitute a taking of property within the meaning of section 2 of article X of the state constitution of 1963.

    (f) "Owner" means a person, fiduciary, partnership, association, corporation, or a governmental unit or agency having an estate, title, or interest, including beneficial, possessory, and security interest, in a property sought to be condemned.

    (g) "Parcel" means an identifiable unit of land, whether physically contiguous or not, having substantially common beneficial ownership, all or part of which is being acquired, and treated as separate for valuation purposes.

    (h) "Private agency" means a person, partnership, association, corporation, or entity, other than a public agency, authorized by law to condemn property.

    (i) "Property" means land, buildings, structures, tenements, hereditaments, easements, tangible and intangible property, and property rights whether real, personal, or mixed, including fluid mineral and gas rights.

    (j) "Public agency" means a governmental unit, officer, or subdivision authorized by law to condemn property.

History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996

Notes of Decisions
Cited in 96 cases (9 in the last 5 years), 1981–2026 · leading case: City of Novi v. Robert Adell Child.'s Funded Trust, 701 N.W.2d 144 (Mich. 2005).
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City of Novi v. Robert Adell Child.'s Funded Trust, 701 N.W.2d 144 (Mich. 2005). · cites it 4× “§ 213.51 et seq. Defendants filed a motion challenging the public purpose and necessity of the taking, pursuant to M.”
Dep't of Transp. v. Tomkins, 749 N.W.2d 716 (Mich. 2008). · cites it 4× “NOTES [1] MCL 213.51 et seq. [2] MCL 213.70(2). [3] MDOT also named Byron Center State Bank and Chase Mortgage as defendants.”
Silver Creek Drain Dist. v. Extrusions Div., Inc, 663 N.W.2d 436 (Mich. 2003). · cites it 4× “§ 213.51 et seq. We hold that they are to be considered.”
Detroit Int'l Bridge Co. v. Commodities Exp. Co., 760 N.W.2d 565 (Mich. Ct. App. 2008). · cites it 4× “In its complaint for condemnation, plaintiff relied on the Uniform Condemnation Procedures Act, MCL 213.51 et seq. That act, in MCL 213.51, defines an “agency” as an entity “authorized by law to condemn property.”
Wayne Cnty. v. Hathcock, 684 N.W.2d 765 (Mich. 2004). · cites it 2× “[2] MCL 213.51 et seq. [3] See MCL 213.56. [4] Unpublished opinion per curiam, issued April 24, 2003 (Docket Nos.”
Dep't of Transp. v. Haggerty Corridor Partners Ltd. P'ship, 700 N.W.2d 380 (Mich. 2005). · cites it 4× “The consultant further testified that, as of the date of the taking, there was no plan to rezone the property because of the demand for large-lot, million-dollar homes.”
City of Kalamazoo v. Kts Indus., Inc, 687 N.W.2d 319 (Mich. Ct. App. 2004). · cites it 3× “Plaintiff thereafter asserted that under the Uniform Condemnation Procedures Act (UCPA), 1980 PA 87 , codified at MCL 213.51 et seq., the issue whether a governmental agency has shown that the acquisition of the property is necessary is to be resolved by the court rather than by…”
Hart v. City of Detroit, 331 N.W.2d 438 (Mich. 1982). · cites it 2× “[9] Although recognizing the inverse condemnation cause of action, the Legislature did not specify a limitation period in its recently enacted Uniform Condemnation Procedures Act, 1980 PA 87 , MCL 213.”
Lenawee Cnty. v. Wagley, 836 N.W.2d 193 (Mich. Ct. App. 2013). “Although the parties disputed whether the home had always been within the RPZ, the county did not seek an avigation easement until 2005, when it filed this condemnation action under the Uniform Condemnation Procedures Act (UCPA), MCL 213.51 et seq. With its complaint, the county…”
Univ. Rehab. All., Inc. v. Farm Bureau Gen. Ins., 760 N.W.2d 574 (Mich. Ct. App. 2008). · cites it 2× “2d 893 (2000), regarding reimbursement under the Uniform Condemnation Procedures Act, MCL 213.51 et seq., of a property owner's reasonable attorney fee.”
Merkur Steel Supply, Inc v. City of Detroit, 680 N.W.2d 485 (Mich. Ct. App. 2004). “When the government takes property by formal condemnation, it must follow the procedures set out in the Uniform Condemnation Procedures Act (UCPA), MCL 213.51 et seq. However, no exact formula exists concerning a de facto taking; instead, the form, inten *130 sity, and the…”
Solution Source, Inc. v. LPR Assocs. Ltd. P'ship, 652 N.W.2d 474 (Mich. Ct. App. 2002). “Therefore, because the Construction Lien Act does not specifically limit recovery of attorney fees incurred before a judgment and in keeping with the purpose of attorney fee provisions, we hold that the Legislature intended that appellate and postjudgment attorney fees would be…”
Show all 96 citing cases →
— Mich. Comp. Laws § 213.51(1)(c) — 1 case
Detroit Int'l Bridge Co. v. Commodities Exp. Co., 760 N.W.2d 565 (Mich. Ct. App. 2008). “In its complaint for condemnation, plaintiff relied on the Uniform Condemnation Procedures Act, MCL 213.51 et seq. That act, in MCL 213.51, defines an “agency” as an entity “authorized by law to condemn property.”
— Mich. Comp. Laws § 213.51(1)(h) — 1 case
Detroit Int'l Bridge Co. v. Commodities Exp. Co., 760 N.W.2d 565 (Mich. Ct. App. 2008). “In its complaint for condemnation, plaintiff relied on the Uniform Condemnation Procedures Act, MCL 213.51 et seq. That act, in MCL 213.51, defines an “agency” as an entity “authorized by law to condemn property.”
— Mich. Comp. Laws § 213.51(a) — 2 cases
City of Melvindale v. Trenton Warehouse Co., 506 N.W.2d 540 (Mich. Ct. App. 1993).
Detroit Edison Co. v. Armada Twp., 357 N.W.2d 843 (Mich. Ct. App. 1984).
— Mich. Comp. Laws § 213.51(d) — 1 case
Dep't of Transp. v. Dondero, 430 N.W.2d 785 (Mich. Ct. App. 1988).
— Mich. Comp. Laws § 213.51(e) — 2 cases
Dep't of Transp. v. Pichalski, 425 N.W.2d 145 (Mich. Ct. App. 1988).
20221117_C358755_27_358755.Opn.Pdf (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 213.51(f) — 4 cases
Dep't of Transp. v. Pichalski, 425 N.W.2d 145 (Mich. Ct. App. 1988).
Bd of Cnty Rd Commrs for Cnty of Washtenaw v. Mildred Shankle (Mich. Ct. App. 2019).
Rover Pipeline LLC v. 1.23 Acres of Land, More or Less, Permanent Easement (pipeline Right-of-way Servitude), & 3.74 Acres of Land, More or Less, Temp. Work Space, in Lenawee Cnty., Michigan, Off. of the Lenawee C (E.D. Mich. 2019).
Michigan Gas Utils. v. Earl R Midlam & Hazel M Midlam Trust (Mich. Ct. App. 2026).
— Mich. Comp. Laws § 213.51(g) — 4 cases
Lim v. Dep't of Transp., 423 N.W.2d 343 (Mich. Ct. App. 1988).
Lyon Charter Twp. v. McDonald's USA, LLC, 809 N.W.2d 167 (Mich. Ct. App. 2011).
Charter Twp of Lyon v. McDonalds Usa Llc (Mich. 2012).
Charter Twp of Lyon v. McDonalds Usa Llc (Mich. 2012).
— Mich. Comp. Laws § 213.51(h) — 7 cases
Wayne Cnty. v. Britton Trust, 563 N.W.2d 674 (Mich. 1997).
City of Detroit v. Michael's Prescriptions, 373 N.W.2d 219 (Mich. Ct. App. 1985).
In Re Acquisition of Land for the Cent. Indus. Park Proj., 338 N.W.2d 204 (Mich. Ct. App. 1983).
Dep't of Transp. v. Dondero, 430 N.W.2d 785 (Mich. Ct. App. 1988).
Consumers Energy Co. v. Brian Storm (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 213.51(i) — 4 cases
Detroit Edison Co. v. Armada Twp., 357 N.W.2d 843 (Mich. Ct. App. 1984).
Thomas James Kowalchuk v. City of Jackson (Mich. Ct. App. 2017).
Thomas James Kowalchuk v. City of Jackson (Mich. Ct. App. 2017).
Bd of Cnty Rd Commrs for Cnty of Washtenaw v. Mildred Shankle (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 213.51(j) — 1 case
City of Kalamazoo v. Kts Indus., Inc, 687 N.W.2d 319 (Mich. Ct. App. 2004). “Plaintiff thereafter asserted that under the Uniform Condemnation Procedures Act (UCPA), 1980 PA 87 , codified at MCL 213.51 et seq., the issue whether a governmental agency has shown that the acquisition of the property is necessary is to be resolved by the court rather than by…”
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