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

Mich. Comp. Laws § 213.75 (2026)

Commencement of actions for acquisition of property.

✓ current as of July 2026
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THE UNIFORM CONDEMNATION PROCEDURES ACT


Act 87 of 1980


213.75 Commencement of actions for acquisition of property.

Sec. 25.

    All actions for the acquisition of property by an agency under the power of eminent domain shall be commenced pursuant to and be governed by this act. Amendments made to this act by the amendatory act that added this sentence shall apply to all good faith written offers made after the effective date of the amendatory act that added this sentence.

History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1980, Act 309, Imd. Eff. Dec. 4, 1980 ;-- Am. 1985, Act 68, Imd. Eff. July 1, 1985 ;-- Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996

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213.94, deriving from Act 124 of 1883 and pertaining to the taking of property by cities, villages, and counties, were repealed by Act 120 of 1967.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 9 cases (1 in the last 5 years), 1983–2022 · leading case: City of Kalamazoo v. Kts Indus., Inc, 687 N.W.2d 319 (Mich. Ct. App. 2004).
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City of Kalamazoo v. Kts Indus., Inc, 687 N.W.2d 319 (Mich. Ct. App. 2004). · cites it 6× “25, the property owner has a statutory right to have a jury determine whether the city’s proposed project is necessary and whether it is necessary to condemn the landowner’s property for that project.”
Miller Bros. v. Dep't of Nat. Resources, 513 N.W.2d 217 (Mich. Ct. App. 1994). · cites it 2× “MCL 213.75; MSA 8.265(25). Thus far, the state has not chosen to proceed under the ucpa, nor has it done anything that would justify a court order compelling the state to proceed under that act.”
City of Grand Rapids v. H R Terryberry Co., 333 N.W.2d 123 (Mich. Ct. App. 1983). · cites it 2× “MCL 213.75; MSA *758 8.265(25). Subsection 2 provides that actions under 1966 PA 295 "may be commenced pursuant to and be governed by” the act, effective May 1, 1980.”
Dep't of Transp. v. Frankenlust Lutheran Congregation, 711 N.W.2d 453 (Mich. Ct. App. 2006). “The UCEA, which governs the acquisition of property by public authorities through the power of eminent domain, see MCL 213.75, requires that before initiating negotiations for the purchase of property the authority “shall establish an amount that it believes to be just…”
City of Detroit v. Lucas, 446 N.W.2d 596 (Mich. Ct. App. 1989). · cites it 2× “Second, the Lucases contend that the trial court improperly shifted to them the burden of proving that the property to be taken is for a public use, asserting that both the fact that the taking is for a public use and the necessity of the taking are essentially separate…”
City of Luna Pier v. Lake Erie Landowners, 438 N.W.2d 636 (Mich. Ct. App. 1989). “” MCL 213.75(1); MSA 8.265(25)(1). Although plaintiffs complaint purported to exercise its police powers, this Court in its prior opinion regarding this cause ruled that plaintiff’s action was an inverse condemnation pursuant to its powers of eminent domain.”
State High. Comm'n v. Biltmore Inv. Co., 401 N.W.2d 922 (Mich. Ct. App. 1986). “Given the specificity of the language in MCL 213.75; MSA 8.265(25) concerning those actions to which it is applicable, we do not believe the Legislature intended that actions not "commenced pursuant” to the act be governed, in whole or in part *771 by provisions thereof.”
Bd of Cnty Rd Commrs for Cnty of Washtenaw v. Mildred Shankle (Mich. Ct. App. 2019). “To this end, [t]he UCPA, which governs the acquisition of property by public authorities through the power of eminent domain, see MCL 213.75, requires that before initiating negotiations for the purchase of property the authority “shall establish 4 Although Michigan Court of…”
20221117_C358755_27_358755.Opn.Pdf (Mich. Ct. App. 2022). “unambiguously states in MCL 213.75 that it sets forth the exclusive procedures to be followed by an agency seeking to condemn property under the power of eminent domain.”
— Mich. Comp. Laws § 213.75(1) — 3 cases
City of Kalamazoo v. Kts Indus., Inc, 687 N.W.2d 319 (Mich. Ct. App. 2004). “25, the property owner has a statutory right to have a jury determine whether the city’s proposed project is necessary and whether it is necessary to condemn the landowner’s property for that project.”
City of Detroit v. Lucas, 446 N.W.2d 596 (Mich. Ct. App. 1989). “Second, the Lucases contend that the trial court improperly shifted to them the burden of proving that the property to be taken is for a public use, asserting that both the fact that the taking is for a public use and the necessity of the taking are essentially separate…”
City of Luna Pier v. Lake Erie Landowners, 438 N.W.2d 636 (Mich. Ct. App. 1989). “” MCL 213.75(1); MSA 8.265(25)(1). Although plaintiffs complaint purported to exercise its police powers, this Court in its prior opinion regarding this cause ruled that plaintiff’s action was an inverse condemnation pursuant to its powers of eminent domain.”
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