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SEC. 11. No claim for State reward for improved roads State reward.
of over three miles in any one surveyed township, in any
one fiscal year shall be allowed by the State Highway Commissioner: Provided, however, That if any township or Provisocounty shall have raised money by tax or by sale of bonds
to build a mile'or more of road such as merits State reward,
and the road shall be built and approved by the State High
way Commissioner, and this road is kept in as good condition
as when approved by the State Highway Commissioner, such township or county shall have its application number remain
upon the books of the State Highway Department, and draw
from the State reward fund each year, until such time as the township or county has received the amount due for the class
and the amount of road built: Provided, That money has Proviso. been appropriated for State reward. In case the road build
ing money was raised by the sale of bonds, the State reward money shall be used only for the payment of the principal of
SEC. 7. In case the township treasurer shall not collect the Taxes, full amount of taxes required by his warrant to be paid into Purp°ses' etcthe township'treasury, such portion thereof as he shall collect shall be retained by him to be paid out for the following purposes: The amount of school taxes collected to be paid on the order of the school district olficers; the amount collected for general township purposes to be paid on the order of the township board; the amount collected for highway purposes to be paid on the order of the highway commissioner, countersigned by the township clerk, and the amount collected for any special fund to be paid on the order of the proper officer, but in no case shall the amount collected for any one fund be paid on the orders drawn on any other fund.
Approved April 26, 1911'.
AN ACT to provide for the condemnation by State agencies and public corporations of private property for the use or benefit of the public, and to define the terms “public corporations,” “State agencies” and “private property” as used herein.
SECTION 1. The term “public corporation” as herein used Certain terms shall include all boards, commissions and agencies made defined' corporations for the management and control of public business and property; and the term “State agencies” shall in
Right to acquire property.
clude all unincorporated boards, commissions and agencies of the State given by law the management and control of public business and property.
See. 2. The term “private property” as herein used shall include lands, tenements, hereditaments and tangible and intangible property whether real, personal or mixed.
SEC. 3. In case any public corporation or State agency is unable to agree for the purchase of any private property necessary for a public improvement or for the purposes of its incorporation o'r for public purposes within the scope of its powers, it shallhave the right to acquire the same for the use or benefit of the public and to institute and prosecute proceedings for that purpose, and its declaration that it is unable to agree for the purchase of said property shall not be questioned in said proceedings.
SEC. 4. Proceedings may be commenced and prosecuted under this act whenever a public corporation or State agency shall have declared a public improvement or the purposes of its incorporation or public purposes within the scope of its powers make it necessary, and shall declare that it deems it necessary to take private property for such public improvement or for the purposes of its incorporation or for the public purposes within the scope of its powers, designating the same, and that the improvement is for the use or benefit of the public. It shall by resolution direct its attorney to institute the necessary proceeding in its behalf in the circuit court of the county where the private property sought to be taken is located, or if said property is in a city, the proceeding may be instituted in the court in said city having general jurisdiction of condemnation proceedings for the opening of
' streets and highways.
File petition court.
Petition, what to state, etc.
Property, description of.
Sac. 5. The public corporation or State agency shall make and deliver to its attorney a copy of such resolution certified under seal, and it shall be the duty of such attorney to prepare and file in the name of the corporation or State agency in the court having jurisdiction of the proceedings a petition signed by him in his oflicial character and duly verified by him, to which petition a certified copy of the resolution of the corporation or State agency shall be annexed, which certified copy shall be prima facie evidence of the action taken by the corporation or State agency and of the passage of said resolution. The petition shall state among other things that it is made and filed as cemmencement of judicial proceedings by the corporation or State agency in pursuance of this act to acquire the right to take private property for the use or benefit of the public, without the consent of the owners, for a public improvement or for the purposes of its incorporation or for public purposes within the scope of its power, designating the same, for a just compensation to be made. A description of the property to be taken shall be given, and also the names of the owners and others interested in the property 'so far as can be ascertained. The petition shall also state that the corporation or State agency has declared such improvement or purpose to be necessary, and that it deems it necessary to take the private property described for such improvement or purpose, for the use or benefit of the public. The petition shall ask that a jury be summoned and impanelled to ascertain and determine whether it is necessary to make such public improvement or fulfill such purpose and whether it is necessary to‘take such property as it is proposed to do for the use or benefit of the public, and to ascertain and determine the just compensation to be made therefor. The petition may state any other pertinent matter or things, and may pray for any other or further relief to which the public corporation or State agency may be entitled within the objects of this act.
SEC. 6. Upon receiving such petition it shall be the duty of the clerk of said court to issue a summons against the respondents named in such petition, stating briefly the object of said petition, and' commanding them in the name of the people of the State of Michigan, to appear before said court at a time and place to be named in said summons, not less than twenty nor more than forty days from the date of the same, and show cause if any they have why the prayer of said petition should not be granted.
SEC. 7. Said summons shall be served by the sherilf, deputy sheriff, under sheriff of the county, if the petition is filed in the circuit court, or if filed in any other court having jurisdiction, by any member of the police force of the city, at least five days before the return day thereof upon all of the respondents found within the county, by exhibiting the original and delivering a copy to each of them. If any respondent who is resident of the county cannot be found the summons shall be served by leaving a copy thereof at his or
Jury to determine compensation.
Clerk to issue summons.
Summons, how served.
able age and discretion. If any minor or person of unsound mind is interested in the property to be taken, service may be made on the guardian of such person if any, and if there be no guardian, the court may appoint some discreet or proper person to be guardian of such person in relation to said proceedings, and such guardian shall have authority to represent such person in said procedings, and the proceedings to appoint such guardian shall be the same as in other cases provided by statute. If it shall appear on the return day of the summons that any respondent cannot be found within the county and has not- been served in the manner provided or is a non-resident and has not voluntarily appeared, the court may make an order requiring such respondent to appear and show cause why the prayer of the petitioner should not be granted, on a day to be named in the order, not less than thirty days from the date thereof, and may require that a certified copy of such order be personally served on such respondent wherever found if practicable at least six days before the time named in the order for appearance; or the
In_ case of minor.
Order for appearance.
court may make such order for appearance and require as to any respondent who has not been personally served and has not appeared, that service be made by publishing a copy of such order for three successive weeks at least once in each week in at least one newspaper published within the county, the last publication to be at least six days before the day fixed in the order for appearance. Alias and pluries summons may be issued and the court may adjourn the proceedings from time to time as there shall be occasion and as in other civil cases. Service of such order for appearance in either mode prescribed shall be sufficient notice of the proceedings to bind the respondents and the property represented by them. The return of the officer upon the summons and an affidavit of due service or the publication of the order for appearance if any shall be filed in the clerk’s office before a jury shall be impanelled and be sufficient evidence of service on the respondents and of the manner of service.
SEC. 8. On the return day of the summons or on some subsequent day to which the proceedings are adjourned, if no sufficient cause to the contrary has been shown, the court shall make an order that a jury be impanelled in the cause. Such jury shall be composed of twelve freeholders of the county and shall be selected and impanelled as follows:
The sheriff, under sherifl’ or a. deputy sheritf of the county shall on the same day or at an adjourned day make a list of twenty-four resident freeholders of said county, and the petitioner and the respondents collectively shall each have the right to strike alternately six names from the list as aforesaid and, subject to objection for cause and peremptory challenges, the twelve persons whose names are left on the list shall compose the jury for the trial of the cause. and shall be summoned to attend at such time as the court shall direct by venire issued by the clerk of the court and to be served by one of the officers aforesaid; If the respondents neglect or refuse to strike six names from said list it shall be done by the judge of the court. In case any of the persons to be summoned cannot be found in the county or otherwise, talesman [talesmen] possessing the necessary qualification may be summoned as jurors in the case by such sheriff or deputy or authorized person, and the practice and proceedings under this act, except as herein provided, relative to the impanelling, summoning and excusing jurors and talesman [talesmen] and imposing penalties or fines upon them for non-attendance, shall be the ame as the practice and proceedings of the circuit courts of the State relative to petit jurors in civil cases.
See. 9. The jurors so impanelled shall be sworn or shall afl‘irml in substance as follows:
“You do solemnly swear (or affirm) that you will well and truly ascertain and determine whether there is a public necessity for making the proposed improvement or for accomplishing the proposed purpose and for taking for the use or benefit of the public the private property which the petition dwcribes and prays may be taken, and if you shall determine that it is necessary to make such improvement or accomplish. such purpose and to take said property, that then you ascertain, determine and award a just compensation to be made therefor and faithfully and impartially discharge all other duties which devolve upon you in this case, and unless discharged by the court, a true verdict ~give according to law and evidence, so help you God (or under the pains of perjury>-" ,
The jury shall hear the proofs and allegations of the Jury to parties, and if so ordered by the court shall whenever “S‘tpmpeny' practicable visit the property proposed to be taken and examine it. It shall be instructed as to its duties and the law of the case by the judge of the court, and shall retire under charge of an ofiicer and render its verdict in the same manner as on the trial of an ordinary civil case, but the same shall be in writing and shall be signed by the foreman or by all the jurors.
Sec. 10. The jury shall determine in its verdict the ne- Yerdictot’ cessity for the proposed improvement or for the accomplish- Juryment of the proposed purpose, and for taking such private property for the use or benefit of the public for the proposed improvement or for the accomplishment of the proposed purpose, and in case it find such necessity exists, it shall award to the owners of such property and others'interested therein such compensation therefor as it shall deem just. If any such private property shall be subject to mortgage, lease, agreement or other lien, estate or interest, it shall apportion and award to the parties in interest such portion of the compensation as it shall deem just. \
SEC. 11. To assist the jury in arriving at its verdict the Jury to use court may allow the jury when it retires to take with it the exmb‘ts‘ petition filed in the case and any map, plan or exhibit introduced in the case, and may also submit to it a blank verdict, which may be as follows:
PART 1. We find that it is . . . . .. necessary to make the proposed Plank verdict, . . OI‘IH of. improvement, or to accomplish the proposed purpose, and that it is . . . . .. necessary to take the private property de
scribed in the petition in this cause for'the use or benefit of the public for the proposed improvement, or for the accomplishment of the proposed purpose.
The just compensation to be paid for such private property we have ascertained and determined and hereby award as follows: