Eminent Domain (Condemnation)

The power of eminent domain (condemnation of property for a public use) is a governmental authority, but it raises two very important constitutional issues: due process and just compensation. 

Because of this, a township considering a condemnation should consult with its local legal counsel before proceeding. Unless otherwise specified by statute, the township must follow the procedures required by The Uniform Condemnation Procedures Act, Public Act 87 of 1980, MCL 213.51, et seq.

A township has condemnation authority under several statutes, such as: 

Acquisition of Property by State Agencies and Public Corporations Act, Public Act 149 of 1911, MCL 213.21, et seq. 

MCL 41.2(3): “(3) By resolution of the township board, a majority of the members serving may acquire property for public purposes by purchase, gift, condemnation, lease, construction, or otherwise and may convey or lease that property or part of that property not needed for public purposes.” 

MCL 41.411(3): “(3) The township board or common council or board of trustees of an incorporated village may purchase, accept by gift or devise, or condemn private property. If the property is to be acquired by condemnation, the provisions of Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.25 of the Michigan Compiled Laws; the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws; or other appropriate provisions of law may be adopted and used for the purpose of instituting and prosecuting the condemnation proceedings.” 

MCL 41.722(1)(c): According to the Michigan Court of Appeals, a township has express authority to condemn “through its power to own and construct bridges under MCL 41.411(1)(a) and MCL 41.722(1)(c) to make public improvements including (c) The construction, improvement, and maintenance of public roads.” (Township of Grosse Ile v Grosse Ile Bridge Company, Michigan Court of Appeals, (April 4, 2006) Unpublished, 2006 WL 859440.) 

MCL 125.3208(4): “(4) The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The legislative body may institute proceedings for condemnation of nonconforming uses and structures under 1911 PA 149, MCL 213.21 to 213.25.” 

MCL 128.151 [burying grounds]: “The board of trustees of a township of this state, when it considers it desirable and necessary, may provide new burying ground in the township, or may enlarge the limits of an existing burying ground in the township, and may provide for suitable approaches to the burying ground, or may enlarge the limits of an existing approach to a burying ground in the township. If the board of trustees is unable to agree with the owner or owners of the land or a right in the land which the board desires to include within the limits of the burying ground or approaches to the burying ground, as to the compensation to be paid, the board of trustees may authorize 1 or more of its members to apply to the circuit court judge or district court judge for a jury from the vicinage. The jury shall determine the just compensation to be paid for the real estate acquired by the board of trustees for the burying ground or its approaches, or an enlargement of the burying ground, and the necessity for using the real estate. The application shall be in writing and shall describe the real estate required by the board as accurately as is required in a conveyance of real estate.” 

MCL 221.20a [roads for public highways]: A township with the prior written consent of the board of county road commissioners and upon petition to the township board by 51% of the property owners whose frontage abuts a road may commence an action in circuit court to have the road determined to be a public highway and to determine the length and boundaries of the road. If the court finds that there has been public use of the road for at least 10 years and that public authorities have expended public money on the road, it shall enter an order that the road has become a public highway setting forth the length and boundaries of that public highway. If the court finds that the road has not become a public highway, the township may in the same action acquire by purchase or condemnation in accordance with section 20h of this chapter the property rights of those owners who in the action claim that the road is not a public highway and the court shall enter its order that the road is a public highway and set forth the length and boundaries of that public highway. 

MCL 221.20h [roads for public highways]: “The township may acquire property by gift, purchase, or condemnation as it deems necessary to establish a road as a public highway or for improvement of a road following a court order that the road is a public highway. For purposes of condemnation the township may proceed under Act No. 295 of the Public Acts of 1966, as amended. The complaint filed under this act, or any amendment thereof, may serve as the petition required under that act if it contains all elements required therein. An order of taking shall not be entered until a road has been determined to be a public highway.”