Michigan Compiled Laws
Mich. Comp. Laws § 252.54 (2026)
Limited access highways; authority to acquire entire lot, block or plat of land.
✓ current as of July 2026
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LIMITED ACCESS HIGHWAYS
Act 205 of 1941
252.54 Limited access highways; authority to acquire entire lot, block or plat of land.
Sec. 4.
Whenever it becomes necessary to acquire any real property for use in connection with the location, construction, reconstruction, improvement and maintenance of any limited access highway or section thereof, said agencies may in their discretion acquire an entire lot, block, or tract of land, if by so doing the interests of the public will be best served, even though said entire tract is not needed for right-of-way proper.
History: 1941, Act 205, Eff. Jan. 10, 1942 ;-- CL 1948, 252.54
Notes of Decisions
Cited in 3
cases, 1958–1990 · leading case: City of Troy v. Barnard, 455 N.W.2d 378 (Mich. Ct. App. 1990).
City of Troy v. Barnard, 455 N.W.2d 378 (Mich. Ct. App. 1990). “See MCL 252.54; MSA 9.1094(4). Other cases depend upon the amended 1908 Constitution which allowed a condemning authority to take not only land to be used by the proposed improvement, but also such other adjacent land and property as was appropriate to attain the greatest degree…”
Nelson Drainage Dist. v. Filippis, 436 N.W.2d 682 (Mich. Ct. App. 1989). “For example, in New Products, supra, the statute for establishing and maintaining limited access highways authorized excess condemnation, i.e., the taking of land which will not be physically occupied by the public project, if it would best serve the interests of the public.”
New Prods. Corp. v. State High. Comm'r, 88 N.W.2d 528 (Mich. 1958). “In PA 1941, No 205, relating to the establishing and maintenance of limited access highways, the legislature in section 4 thereof (CL 1948, § 252.54 [Stat Ann 1957 Cum Supp § 9.1094(4)]) expressly recognized and declared the right to take private property by condemning agencies…”
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