May 2019

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Condemnor’s Duty to Strictly Observe Eminent Domain Rules

Condemnors

By H. Adam Cohen, Steinhardt Pesick & Cohen

For nearly 150 years, Michigan courts have required condemnors, including governmental agencies, utilities, and others possessing the power of eminent domain, to strictly observe all legal requirements when exercising that power:

The rule is well settled, that in all cases where the property of individuals is sought to be condemned for the public use by adverse proceedings, the laws which regulate such proceedings must be strictly followed, and especially that every jurisdictional step, and every requirement shaped to guard the rights and interests of parties whose property is meant to be taken, must be observed with much exactness. Detroit Sharpshooters’ Ass’n v. Hamtramck Hwy. Comm’rs, 34 Mich 36, 37-38 (1876).

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Legislative Revisions to Eviction Proceedings: PA 2 of 2019

PA 2 of 2019

Earlier this year the Michigan legislature amended Chapter 57 of the Revised Judicature Act to revise the list of persons allowed to serve a writ of eviction and restore possession to the plaintiff seeking the order (MCL 600.5744).

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Legislative Report

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Note to Committee Members:
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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

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We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Mike Luberto at mluberto@Chircotitle.com for suggested topics and ideas.

The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.