March 2, 2006, Introduced by Reps. Garfield, Drolet, Green, Jones, Gosselin, Tobocman, Stahl, Brandenburg, Baxter, Elsenheimer, Rocca, Mortimer, Huizenga, Lipsey and Acciavatti and referred to the Committee on Government Operations.
A bill to amend 1980 PA 87, entitled
"The uniform condemnation procedures act,"
by amending section 9 (MCL 213.59), as amended by 1996 PA 474.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9. (1) If a motion for review under section 6 is not
filed, upon expiration of the time for filing the motion for
review, or, if a motion for review is filed, upon final
determination of the motion, the court shall fix the time and terms
for surrender of possession of the property to the agency and
enforce surrender by appropriate order or other process. The court
also may require surrender of possession of the property after the
motion for review filed under section 6 has been heard, determined
and denied by the circuit court, but before a final determination
on appeal, if the agency demonstrates a reasonable need. However,
payment must be made to an owner not later than 30 days before
physical dispossession. If there is a dispute after the payment is
made, the dispute shall be resolved at an apportionment hearing
held before physical dispossession. If the surrender of possession
of property requires the relocation of any individual who occupies
a residential dwelling on the property, the individual shall not be
required to move from his or her dwelling unless he or she has had
a reasonable opportunity to relocate to a comparable replacement
dwelling and has been paid the moving allowance provided for under
1965 PA 40, MCL 213.351 to 213.355.
(2) If interim possession is granted to a private agency, the
court, upon motion of the owner, may order the private agency to
file an indemnity bond in an amount determined by the court as
necessary to adequately secure just compensation to the owner for
the property taken.
(3) If an order granting interim possession is entered, an
appeal from the order or any other part of the proceedings shall
not act as a stay of the possession order. An agency is liable for
damages caused by the possession if its right to possession is
denied by the trial court or on appeal.
(4) Repayment of all sums advanced shall be a condition
precedent to entry of a final order setting aside a determination
of public necessity.
(5) Although the court shall not order possession to be
surrendered to the agency before it orders that the escrow be
distributed
under section 8(1) or (4) or retained under section
8(2),
(2), the court shall not delay or deny surrender of
possession because of any of the following:
(a) A motion filed pursuant to section 6a, challenging the
agency's decision to reserve its rights to bring federal or state
cost recovery actions.
(b) A motion challenging the agency's escrow under section 8.
(c) An allegation that the agency should have offered a higher
amount for the property.
(d) An allegation that the agency should have included
additional property in its good faith written offer.
(e) Any other reason except a challenge to the necessity of
the acquisition filed under section 6.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5821(request no.
05069'05).
(b) Senate Bill No.____ or House Bill No. 5817(request no.
05070'05).
(c) Senate Bill No.____ or House Bill No. 5818(request no.
06017'06).
(d) Senate Bill No.____ or House Bill No. 5820(request no.
06019'06).