# Mich. Comp. Laws § 213.52: Standards provided; limitations; applicable laws and court rules; commencement of condemnation action; proof of taking of property; certificate of public necessity as condition of instituting judicial proceedings

> Michigan · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.52

## Section

- **Citation:** Mich. Comp. Laws § 213.52
- **Heading:** Standards provided; limitations; applicable laws and court rules; commencement of condemnation action; proof of taking of property; certificate of public necessity as condition of instituting judicial proceedings
- **Jurisdiction:** Michigan
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MI Code / Chapter 213 / Act Act-87-of-1980 / Section 213.52

## Text

Sec. 2.

This act provides standards for the acquisition of property by an agency, the conduct of condemnation actions, and the determination of just compensation. It does not confer the power of eminent domain, and does not prescribe or restrict the purposes for which or the persons by whom that power may be exercised. All laws and court rules applicable to civil actions shall apply to condemnation proceedings except as otherwise provided in this act.

If property is to be acquired by an agency through the exercise of its power of eminent domain, the agency shall commence a condemnation action for that purpose. An agency shall not intentionally make it necessary for an owner of property to commence an action, including an action for constructive taking or de facto taking, to prove the fact of the taking of the property.

If a private agency is required by law to secure a certificate of public necessity from the public service commission or other public agency before it may acquire property, the private agency shall not institute judicial proceedings to acquire the property until it has secured the required certificate.

History: 1980, Act 87, Imd. Eff. Apr. 8, 1980

## Nearby sections

- [Mich. Comp. Laws § 213.51 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.51.md)
- [Mich. Comp. Laws § 213.51a Short title.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.51a.md)
- [Mich. Comp. Laws § 213.52 Standards provided; limitations; applicable laws and court rules; commencement of condemnation action; proof of taking of property; certificate of public necessity as condition of instituting judicial proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.52.md)
- [Mich. Comp. Laws § 213.53 Fluid mineral and gas rights.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.53.md)
- [Mich. Comp. Laws § 213.54 Payment of just compensation for property if practical value or utility of remainder destroyed; zoning variance; entry upon property; purpose; notice; restitution for actual damages; “actual damage” defined; civil action for order permitting entry; contents of complaint; granting limited license for entry; terms; manner of entry under subsection (3); “environmental inspection” defined.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.54.md)
- [Mich. Comp. Laws § 213.55 Just compensation; amount; written notice to occupants; offer; review of appraisal; filing complaint for acquisition; "comparable replacement dwelling" defined; financial information; documents; determination of just compensation; items annexed to complaint; deposit; payment of additional amount for property which is principal residence; "taxable value" defined.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.55.md)
- [Mich. Comp. Laws § 213.56 Challenge by owner; motion to review necessity; hearing; determination by public agency binding on court; judicial determination of public necessity in acquisition by private agency; certificate by public service commission or federal agency as prima facie case; decision of court; final judgment; appeal; conclusive presumption of necessity.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.56.md)
- [Mich. Comp. Laws § 213.56a Reversal of agency's election of reservation of rights; revised good faith offer; stipulation to reverse agency election and waive cost recovery claim against owner.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.56a.md)
- [Mich. Comp. Laws § 213.57 Vesting of title in agency; vesting of right to just compensation; delay or denial.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.57.md)
- [Mich. Comp. Laws § 213.58 Payment by escrowee of money deposited; funds remaining in escrow as security for remediation costs; court order; released funds; circumstances; reversal of agency's election under MCL 213.56a(1); applicability of subsections (2) and (3); "principal residence" defined.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.58.md)
- [Mich. Comp. Laws § 213.59 Surrender of possession of property to agency; time and terms; enforcement; granting interim possession to private agency; indemnity bond; appeal; liability for damages; repayment as condition of order setting aside determination of public necessity; delay or denial; escrow payment; relocation; "comparable replacement dwelling" defined.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.59.md)
- [Mich. Comp. Laws § 213.60 Order fixing date for hearing.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.60.md)
- [Mich. Comp. Laws § 213.61 Scheduling order; exchange of appraisal reports; opportunity for discovery; appraisal report; testimony relating to value of real property; orders to facilitate compliance.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.61.md)
- [Mich. Comp. Laws § 213.62 Just compensation; trial by jury.](https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.62.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.52. Check the current official text before relying on it. Not legal advice.
