213.111 Cities, authority to take over public utilities. Sec. 1. Any city in this state having a population of 25,000 or more is hereby authorized to take for public use the absolute title in fee to any public utility for supplying water, light, heat, power or transportation to the municipality and the inhabitants thereof within […]
213.112 Institution of proceedings; council’s resolution of necessity, contents; circuit court, jurisdiction. Sec. 2. Such proceedings may be begun and prosecuted under this act whenever the common council of such city shall have declared by resolution that it deems it necessary that such city take for public use the absolute title in fee to any […]
213.113 Institution of proceedings; petition, contents; separate juries on request to determine necessity, damages. Sec. 3. The city clerk shall make and deliver to such attorney or other law officer of the city, as may be, a copy of such resolution certified under the seal of the city and it shall be the duty of […]
213.114 Summons; issuance, contents. Sec. 4. Upon receiving such petition it shall be the duty of the clerk of said court to issue a summons against the respondents named in said petition, stating briefly the object of said petition, and commanding them in the name of the people of the state of Michigan to appear […]
213.115 Summons; service; guardian ad litem; alias, pluries summons; return, evidence. Sec. 5. Said summons shall be served by the sheriff, under-sheriff, deputy sheriff of the county, or by any member of the metropolitan police of the city of Detroit, at least 5 days before the return day thereof upon all of the respondents found […]
213.116 Jury to be empaneled. Sec. 6. On the return day of the summons or on some subsequent day to which the proceedings shall have been adjourned, if no sufficient cause to the contrary has been shown, the court shall make an order that a jury be empaneled in the cause. Such jury shall be […]
213.117 Jury; oath; duties; instruction; written verdict. Sec. 7. The jurors so empaneled shall be sworn or shall affirm in substance as follows: “You do solemnly swear (or affirm) that you will well and truly ascertain and determine whether it is necessary to take for public use the absolute title in fee to the private […]
213.118 Jury; determination and award; title vested in petitioner. Sec. 8. The jury shall determine by their verdict the necessity for taking the absolute title in fee to such private property for public use, and in case they find such necessity exists, they shall award just compensation therefor to the owners of the property taken […]
213.119 Jury; use of petition, map, blank verdict, form. Sec. 9. To assist the jury in arriving at their verdict the court may allow the jury, when they retire, to take with them the petition filed in the case and a map showing the location of the public utility proposed to be taken for public […]
213.120 Jury to determine necessity; oath; duties; instruction; written verdict. Sec. 10. Whenever the city attorney, corporation council [counsel] or the law officer of the city shall request that the jury be empaneled under the proviso contained in section 3 of this act, such jury shall be sworn or shall affirm in substance as follows: […]
213.121 Finding of no necessity to take absolute fee; further proceedings. Sec. 11. If the jury find that it is not necessary to take the absolute title in fee to the public utility mentioned in the petition for public use, such finding may be set aside either on a motion for a new trial or […]
213.122 Finding of necessity; right to possession on giving security; writ of assistance. Sec. 12. If the jury find that it is necessary to take for public use the absolute title in fee to such public utility, the petitioner may at once take possession of said property upon giving security to be approved by the […]
213.123 Finding of necessity; determination of compensation; oath of jurors; duties; instruction; award. Sec. 13. If the jury find that it is necessary to take for public use the absolute title in fee to the public utility mentioned in the petition, and no motion for a new trial having been made or determined, and no […]
213.124 Setting aside verdict; new trial; amendments. Sec. 14. The verdict of the jury may be set aside by the court, either wholly or in part, and a new trial ordered either upon the whole case or upon such parts thereof as the court may deem just. Amendments either in form or substance may be […]
213.125 Motions for new trial; proceedings arrested; confirmation, judgment, finality. Sec. 15. Motions for a new trial or to arrest the proceedings shall be made within 2 days after the rendition of the verdict unless further time is allowed by the court; and if no such motion is made, or being made is overruled, the […]
213.126 Appeal; procedure. Sec. 16. Any person whose property may be taken, as well as the petitioner, considering himself aggrieved, may appeal to the supreme court from the judgment of the court confirming the verdict of the jury by filing in writing with the clerk of said court a notice of such appeal within 5 […]
213.127 Appeal; records transmitted, fees; settlement of case by judge. Sec. 17. In case of such appeal the clerk of the court, on payment of his legal fees and charges, shall transmit to the supreme court a certified copy of the necessary files, records and proceedings in the case; and the judge of the court […]
213.128 Appeal; hearing; determination; expenses, compensation, damage. Sec. 18. The said appeal may be brought on for hearing at any term of the supreme court, and said court may affirm, or for any substantial error reverse the judgment, either in whole or in part, and may grant a new trial, either upon the whole case […]
213.129 Verdict; copy transmitted to council; collection of award. Sec. 19. When the verdict of the jury shall have been finally confirmed by the court, and the time in which to take an appeal has expired, or, if an appeal is taken, on the filing in the court below of a certified copy of the […]
213.130 Verdict; collection resolution; treasurer, duties; borrowing power; right to possession; writ of assistance. Sec. 20. Within 1 year after the confirmation of the verdict of the jury or after the judgment of confirmation shall on appeal be confirmed, the common council shall set apart and cause to be provided in the treasury, unless already […]
