# 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 > Michigan · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.56 ## Section - **Citation:** Mich. Comp. Laws § 213.56 - **Heading:** 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 - **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 213.56 ## Text Sec. 6. Within the time prescribed to responsively plead after service of a complaint, an owner of the property desiring to challenge the necessity of acquisition of all or part of the property for the purposes stated in the complaint may file a motion in the pending action asking that the necessity be reviewed. The hearing shall be held within 30 days after the filing of the motion. With respect to an acquisition by a public agency, the determination of public necessity by that agency is binding on the court in the absence of a showing of fraud, error of law, or abuse of discretion. Except as otherwise provided in this section, with respect to an acquisition by a private agency, the court at the hearing shall determine the public necessity of the acquisition of the particular parcel. The granting of a permanent or temporary certificate by the public service commission or by a federal agency authorized by federal law to make determinations of public convenience and necessity as to condemnation constitutes a prima facie case that the project in furtherance of which the particular parcel would be acquired is required by the public convenience and necessity. The granting of a certificate of public convenience and necessity by the public service commission pursuant to the electric transmission line certification act, Act No. 30 of the Public Acts of 1995, being sections 460.561 to 460.575 of the Michigan Compiled Laws, is binding on the court. The court shall render a decision within 60 days after the date on which the hearing is first scheduled. The court's determination of a motion to review necessity is a final judgment. Notwithstanding section 309 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.309 of the Michigan Compiled Laws, an order of the court upholding or determining public necessity or upholding the validity of the condemnation proceeding is appealable to the court of appeals only by leave of that court pursuant to the general court rules. In the absence of a timely filed appeal of the order, an appeal shall not be granted and the order is not appealable as part of an appeal from a judgment as to just compensation. If a motion to review necessity is not filed as provided in this section, necessity shall be conclusively presumed to exist and the right to have necessity reviewed or further considered is waived. History: 1980, Act 87, Imd. Eff. Apr. 8, 1980; Am. 1995, Act 31, Imd. Eff. May 17, 1995; Am. 1996, Act 474, Imd. Eff. Dec. 26, 1996 ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MI_C213_AAct-87-of-1980_S213.56. Check the current official text before relying on it. Not legal advice.