Michigan Compiled Laws

Mich. Comp. Laws § 324.30323 (2026)

Legal rights or authority not abrogated; action to determine if property taken without just compensation; court order; limitation on value of property.

✓ current as of July 2026

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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT

Act 451 of 1994

324.30323 Legal rights or authority not abrogated; action to determine if property taken without just compensation; court order; limitation on value of property.

Sec. 30323.

(1) This part shall not be construed to abrogate rights or authority otherwise provided by law.

(2) For the purposes of determining if there has been a taking of property without just compensation under state law, an owner of property who has sought and been denied a permit from the state or from a local unit of government that adopts an ordinance pursuant to section 30307(4), who has been made subject to modifications or conditions in the permit under this part, or who has been made subject to the action or inaction of the department pursuant to this part or the action or inaction of a local unit of government that adopts an ordinance pursuant to section 30307(4) may file an action in a court of competent jurisdiction.

(3) If the court determines that an action of the department or a local unit of government pursuant to this part or an ordinance authorized pursuant to section 30307(4) constitutes a taking of the property of a person, then the court shall order the department or the local unit of government, at the department's or the local unit of government's option, as applicable, to do 1 or more of the following:

(a) Compensate the property owner for the full amount of the lost value.

(b) Purchase the property in the public interest as determined before its value was affected by this part or the local ordinance authorized under section 30307(4) or the action or inaction of the department pursuant to this part or the local unit of government pursuant to its ordinance.

(c) Modify its action or inaction with respect to the property so as to minimize the detrimental affect to the property's value.

(4) For the purposes of this section, the value of the property may not exceed that share of the state equalized valuation of the total parcel that the area in dispute occupies of the total parcel of land, multiplied by 2, as determined by an inspection of the most recent assessment roll of the township or city in which the parcel is located.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995

PopularName Notes:

Act 451

PopularName Notes:

NREPA

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Wetland Protection Act

Notes of Decisions

Cited in 4 cases, 1998–2005 · leading case: K & K Const. Inc. v. Deq, 705 N.W.2d 365 (Mich. Ct. App. 2005).

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K & K Const. Inc. v. Deq, 705 N.W.2d 365 (Mich. Ct. App. 2005). · cites it 6× “§ 324.30323, which requires a trial court to give the DEQ the option, once a taking has been found, to mitigate its damages by doing one of the following: compensate the property owner for the lost value, purchase the property, or " [m]odify its action or inaction with respect…”

K & K Constr., Inc. v. Dep't of Env't Quality, 267 Mich. App. 523 (Mich. Ct. App. 2005). · cites it 6× “*536 After the trial court’s ruling, the DEQ opted to mitigate the loss under MCL 324.30323, which requires a trial court to give the DEQ the option, once a taking has been found, to mitigate its damages by doing one of the following: compensate the property owner for the lost…”

K & K Const. v. Dnr, 575 N.W.2d 531 (Mich. 1998). “§ 324.30323; M.S.A. § 13A.30323 states that once the court has determined that the department's actions constitute a taking, the court shall order the department, at the department's option, to do one or more of the following: (a) Compensate the property owner for the full…”

K & K Constr., Inc. v. Dep't of Nat. Resources, 456 Mich. 570 (Mich. 1998). “MCL 324.30323; MSA 13A.30323 states that once the court has determined that the department’s actions constitute a taking, the court shall order the department, at the department’s option, to do one or more of the following: (a) Compensate the property owner for the full amount…”

— Mich. Comp. Laws § 324.30323(3) — 2 cases

K & K Const. Inc. v. Deq, 705 N.W.2d 365 (Mich. Ct. App. 2005). “§ 324.30323, which requires a trial court to give the DEQ the option, once a taking has been found, to mitigate its damages by doing one of the following: compensate the property owner for the lost value, purchase the property, or " [m]odify its action or inaction with respect…”

K & K Constr., Inc. v. Dep't of Env't Quality, 267 Mich. App. 523 (Mich. Ct. App. 2005). “*536 After the trial court’s ruling, the DEQ opted to mitigate the loss under MCL 324.30323, which requires a trial court to give the DEQ the option, once a taking has been found, to mitigate its damages by doing one of the following: compensate the property owner for the lost…”

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