REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.3815 Admissible evidence; unnecessary proof; judgment and order; abatement of nuisance by forfeiture or sale.
Sec. 3815.
(1) In an action under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft, or place is admissible for the purpose of proving the existence of the nuisance.
(2) In an action under this chapter, proof of knowledge of the existence of the nuisance on the part of 1 or more of the defendants is not required.
(3) In an action under this chapter, it is not necessary for the court to find the property involved was being used as and for a nuisance at the time of the hearing, or for the plaintiff to prove that the nuisance was continuing at the time the complaint was filed, if the complaint is filed within 90 days after any act, any violation, or the existence of a condition described in section 3801 as a nuisance.
(4) In an action under this chapter, on finding that the plaintiff has satisfied the burden of proof and that the material allegations of the complaint are true, the court shall enter a judgment and order of abatement as provided in this chapter. However, if the plaintiff seeks abatement of a nuisance by forfeiture or sale of a vehicle, boat, aircraft, or other personal property, the plaintiff has the burden of proving by clear and convincing evidence that the vehicle, boat, aircraft, or property was used for or in furtherance of the activity or conduct that constituted the nuisance as described in section 3801.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2014, Act 387, Eff. Mar. 18, 2015 ;-- Am. 2015, Act 153, Eff. Jan. 18, 2016
Notes of Decisions
Michigan Ex Rel Wayne Cnty. Prosecutor v. Bennis, 527 N.W.2d 483 (Mich. 1994).
· cites it 12× “The section provides: In any action brought under this chapter, evidence *733 of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
Bennis v. Michigan, 516 U.S. 442 (1996).
· cites it 2× “" Mich. Comp. Laws § 600.3825 (1979). [4] "Proof of knowledge of the existence of the nuisance on the part of the defendants or any of them, is not required.”
State Ex Rel Oakland Prosecuting Attorney v. Weaver, 254 N.W.2d 68 (Mich. Ct. App. 1977).
· cites it 2× “Our inquiry is twofold: (1) Does the statute require proof of the property owner’s knowledge of the illegal activities; and (2) If not, would confiscation of an innocent owner’s property amount to an unconstitutional taking without just compensation? The Legislature has…”
State Ex Rel. Wayne Prosecuting Attorney v. Weitzman, 176 N.W.2d 463 (Mich. Ct. App. 1970).
· cites it 2× “aintiff to prove that the nuisance was continuing at the time of the filing of the complaint, if the complaint is filed within 30 days after any act, any violation, or the existence of a condition herein defined as a nuisance, but on finding that the material allegations of the…”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
· cites it 9× “Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
· cites it 9× “Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
· cites it 4× “The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
· cites it 4× “The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
— Mich. Comp. Laws § 600.3815(1) — 5 cases
Michigan Ex Rel Wayne Cnty. Prosecutor v. Bennis, 527 N.W.2d 483 (Mich. 1994).
“The section provides: In any action brought under this chapter, evidence *733 of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
“The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
“The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
— Mich. Comp. Laws § 600.3815(2) — 5 cases
Michigan Ex Rel Wayne Cnty. Prosecutor v. Bennis, 527 N.W.2d 483 (Mich. 1994).
“The section provides: In any action brought under this chapter, evidence *733 of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
— Mich. Comp. Laws § 600.3815(3) — 4 cases
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
“The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
“The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
— Mich. Comp. Laws § 600.3815(4) — 4 cases
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Krishna Krupa Inc v. City of Ferndale (Mich. Ct. App. 2018).
“Defendant argued that it was entitled to a judgment and order -2- of abatement under MCL 600.3815, because it filed its complaint within 90 days of acts that are considered a nuisance—namely illegal drug and prostitution activities occurring on February 18, 2016 at the motel—and…”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
“The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
Charter Twp. of Ypsilanti v. Mouhanad Dahabra (Mich. Ct. App. 2021).
“The statute provides that: In an action brought under this chapter, evidence of the general reputation of the building, vehicle, boat, aircraft or place is admissible for the purpose of proving the existence of the nuisance.”
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