Michigan Compiled Laws
Mich. Comp. Laws § 213.71 (2026)
Counterclaim.
✓ current as of July 2026
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THE UNIFORM CONDEMNATION PROCEDURES ACT
Act 87 of 1980
213.71 Counterclaim.
Sec. 21.
A defendant may assert as a counterclaim, any claim for damages based on conduct by an agency which constitutes a constructive or de facto taking of property.
History: 1980, Act 87, Imd. Eff. Apr. 8, 1980
Compiler's Notes:
Former MCL 213.71 to 213.94, deriving from Act 124 of 1883 and pertaining to the taking of property by cities, villages, and counties, were repealed by Act 120 of 1967.
Notes of Decisions
Cited in 4
cases, 1967–1994 · leading case: City of Pleasant Ridge v. Governor, 169 N.W.2d 625 (Mich. 1969).
City of Pleasant Ridge v. Governor, 169 N.W.2d 625 (Mich. 1969). “1094[2]) and CL 1948, § 213.71 (Stat Ann 1958 Rev § 8.171, subd [i])? "2.”
Dep't of Transp. v. Dondero, 430 N.W.2d 785 (Mich. Ct. App. 1988). “In Count i, defendant alleged that plaintiff’s actions while planning its acquisition of the property for 1-696 constituted a constructive or de facto taking pursuant to the ucpa, MCL 213.71; MSA *569 8.265(21), and sought to recover the fair market value of the property on…”
City of Detroit v. King, 523 N.W.2d 644 (Mich. Ct. App. 1994). “The date of acquiring and of valuation in a proceeding pursuant to this act shall be the date of filing unless the parties agree to a different date, or unless a different date is determined by a counterclaim filed pursuant to section 21 [MCL 213.71; MSA 8.265(21)]. The value of…”
State High. Comm'n v. Drouillard, 149 N.W.2d 903 (Mich. Ct. App. 1967). “See currently CL 1948, § 213.71 et seq. (Stat Ann 1958 Rev § 8.41 et seq.”
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