THE UNIFORM CONDEMNATION PROCEDURES ACT
Act 87 of 1980
213.57 Vesting of title in agency; vesting of right to just compensation; delay or denial.
Sec. 7.
(1) If a motion to review necessity is not filed under section 6, the title to the property described in the petition shall vest in the agency as of the date on which the complaint was filed. The right to just compensation shall then vest in the persons entitled to the compensation and be secured as provided in this act. If the motion to review necessity is denied after a hearing and after any further right to appeal has terminated, title to the property shall also vest in the agency as of the date on which the complaint was filed or such other date as the court may set upon motion of the agency.
(2) Vesting of title in the agency shall not be delayed or denied because of any of the following:
(a) A motion filed under section 6a, challenging the agency's election to reserve its rights to bring federal or state cost recovery actions.
(b) A motion challenging the agency's escrow under section 8.
(c) An allegation that the agency should have offered a higher amount for the property.
(d) An allegation that the agency should have included additional property in its good faith written offer.
(e) Any other reason except a challenge to the necessity of the acquisition filed under section 6.
History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1993, Act 308, Eff. Jan. 28, 1994 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1985–2026 · leading case:
Lenawee Cnty. v. Wagley, 836 N.W.2d 193 (Mich. Ct. App. 2013).
Lenawee Cnty. v. Wagley, 836 N.W.2d 193 (Mich. Ct. App. 2013).
“It is true that, pursuant to MCL 213.57(1), title to the property vested in plaintiff as of the date of the filing of the complaint for condemnation.”
Goodwill Cmty. Chapel v. Gen. Motors Corp., 503 N.W.2d 705 (Mich. Ct. App. 1993).
· cites it 5× “The trial court granted summary disposition in favor of defendant, concluding that the so-called "quick take” provision of *87 the Uniform Condemnation Procedures Act, MCL 213.57; MSA 8.265(7), automatically vested title to the property in the city when it commenced the…”
Dep't of Transp. v. Frankenlust Lutheran Congregation, 711 N.W.2d 453 (Mich. Ct. App. 2006).
“See MCL 213.57. An order providing for payment to defendants of the estimated just compensation, “for or on account of the just compensation that may be awarded” at a subsequent compensation trial, MCL 213.”
Nat'l Exposition Co. v. City of Detroit, 425 N.W.2d 497 (Mich. Ct. App. 1988).
“265(6); MCL 213.57; MSA 8.265(7). After that date, the property was exempt from ad valorem property taxes, and used by a private, nonexempt entity in connection with a business for profit.”
City of Flint v. Takacs, 449 N.W.2d 699 (Mich. Ct. App. 1989).
“The latter provides that title becomes vested in the agency seeking condemnation as of the date of the filing of the complaint if a motion to review necessity is not timely filed.”
Dep't of Transp. v. Pichalski, 425 N.W.2d 145 (Mich. Ct. App. 1988).
“Until that time, the owner of the property retains possession of the property. An agency may not obtain possession absent an order of surrender of possession or interim possession.”
Dep't of Transp. v. Jorissen, 379 N.W.2d 424 (Mich. Ct. App. 1985).
“See, MCL 213.57; MSA 8.265(7). The right of possession is generally deemed to follow ownership or legal title, but not always.”
— Mich. Comp. Laws § 213.57(1) — 2 cases
Lenawee Cnty. v. Wagley, 836 N.W.2d 193 (Mich. Ct. App. 2013).
“It is true that, pursuant to MCL 213.57(1), title to the property vested in plaintiff as of the date of the filing of the complaint for condemnation.”
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