Chapter 213 - CONDEMNATION
- Act 40 of 1965 - ALLOWANCES FOR MOVING PERSONAL PROPERTY FROM ACQUIRED REAL PROPERTY (213.351 - 213.355)
- Section 213.351 - Property acquired for public purposes; definitions.
- Section 213.352 - Occupant who vacates real property; moving expense for personal property; conditions; “personal property” explained; attorney fees and costs; precedence of federal regulations and pr
- Section 213.353 - Payments allowed by federal regulation; payments, number.
- Section 213.354 - Moving allowances; paid for highway projects.
- Section 213.355 - Moving allowances; additional to compensation; not considered in condemnation proceedings.
- Act 87 of 1980 - THE UNIFORM CONDEMNATION PROCEDURES ACT (213.51 - 213.77)
- Section 213.51 - Definitions.
- Section 213.51a - Short title.
- Section 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 ins
- Section 213.53 - Fluid mineral and gas rights.
- Section 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;
- Section 213.55 - Just compensation; amount; written notice to occupants; offer; review of appraisal; filing complaint for acquisition; "comparable replacement dwelling" defined; financial information;
- Section 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;
- Section 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.
- Section 213.57 - Vesting of title in agency; vesting of right to just compensation; delay or denial.
- Section 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 unde
- Section 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
- Section 213.60 - Order fixing date for hearing.
- Section 213.61 - Scheduling order; exchange of appraisal reports; opportunity for discovery; appraisal report; testimony relating to value of real property; orders to facilitate compliance.
- Section 213.62 - Just compensation; trial by jury.
- Section 213.63 - Just compensation; verdict; division of award.
- Section 213.63a - Duplicative payment prohibited.
- Section 213.64 - Notes and exhibits to assist jury.
- Section 213.65 - Interest on judgment amount.
- Section 213.66 - Witness fees and compensation; reimbursement of owner's attorney fees and other expenses; matters involving relocation of indigent person; "indigent person" defined.
- Section 213.67 - Discontinuance.
- Section 213.68 - Reimbursement of expenses in evaluating agency's offer, preparing for trial, or negotiating settlement; enforcement of rights; filing claim.
- Section 213.69 - Agreement on compensation or method of determining compensation.
- Section 213.70 - Determination of fair market value.
- Section 213.71 - Counterclaim.
- Section 213.72 - Lease, sale, or conveyance of property; terms; record.
- Section 213.73 - Enhancement in value as consideration in determining compensation; complaint; compensation; requiring agency to acquire portion claimed to be enhanced; burden of proof.
- Section 213.74 - Coercive actions prohibited.
- Section 213.75 - Commencement of actions for acquisition of property.
- Section 213.76, 213.77 - Repealed. 1996, Act 474, Imd. Eff. Dec. 26, 1996.
- Act 95 of 1971 - <font color=red>Repealed-</font>FINANCIAL ASSISTANCE FOR RELOCATION OF DISPLACED PERSONS (213.341 - 213.344)
- Act 119 of 1919 - TAKING OF PUBLIC UTILITY BY CITY (213.111 - 213.134)
- Section 213.111 - Cities, authority to take over public utilities.
- Section 213.112 - Institution of proceedings; council's resolution of necessity, contents; circuit court, jurisdiction.
- Section 213.113 - Institution of proceedings; petition, contents; separate juries on request to determine necessity, damages.
- Section 213.114 - Summons; issuance, contents.
- Section 213.115 - Summons; service; guardian ad litem; alias, pluries summons; return, evidence.
- Section 213.116 - Jury to be empaneled.
- Section 213.117 - Jury; oath; duties; instruction; written verdict.
- Section 213.118 - Jury; determination and award; title vested in petitioner.
- Section 213.119 - Jury; use of petition, map, blank verdict, form.
- Section 213.120 - Jury to determine necessity; oath; duties; instruction; written verdict.
- Section 213.121 - Finding of no necessity to take absolute fee; further proceedings.
- Section 213.122 - Finding of necessity; right to possession on giving security; writ of assistance.
- Section 213.123 - Finding of necessity; determination of compensation; oath of jurors; duties; instruction; award.
- Section 213.124 - Setting aside verdict; new trial; amendments.
- Section 213.125 - Motions for new trial; proceedings arrested; confirmation, judgment, finality.
- Section 213.126 - Appeal; procedure.
- Section 213.127 - Appeal; records transmitted, fees; settlement of case by judge.
- Section 213.128 - Appeal; hearing; determination; expenses, compensation, damage.
- Section 213.129 - Verdict; copy transmitted to council; collection of award.
- Section 213.130 - Verdict; collection resolution; treasurer, duties; borrowing power; right to possession; writ of assistance.
- Section 213.131 - Jury fees; compensation.
- Section 213.132 - Attorney fees; expenses, costs; payment by municipality.
- Section 213.133 - Discontinuance prohibited after verdict; further proceedings.
- Section 213.134 - Property ownership; prima facie evidence.
- Act 140 of 1945 - ACQUISITION OF OVERHEAD AND UNDERGROUND RIGHTS (213.251 - 213.251)
- Act 149 of 1911 - ACQUISITION OF PROPERTY BY STATE AGENCIES AND PUBLIC CORPORATIONS (213.21 - 213.41)
- Section 213.21 - Public corporation and state agency; definition.
- Section 213.22 - Private property; definition.
- Section 213.23 - Authority to take private property for public use; acquisition of property; scope of "public use"; condemnation action; compensation; preservation of right, grant, or benefit to prope
- Section 213.23a - Scope of act; rights conferred by act.
- Section 213.24 - Condemnation proceedings; necessity declared; authorization; jurisdiction.
- Section 213.25 - Condemnation proceedings; resolution; petition; contents; jury to determine necessity; compensation.
- Section 213.26-213.41 - Repealed. 1980, Act 87, Eff. Apr. 1, 1983.
- Act 190 of 1929 - ACQUIRING PROPERTY FOR BOULEVARD, STREET, OR ALLEY (213.221 - 213.223)
- Act 207 of 1965 - <font color=red>Repealed-</font>PRORATION OF TAXES ON PROPERTY ACQUIRED FOR PUBLIC PURPOSES (213.311 - 213.312)
- Act 215 of 1925 - ACQUIRING RAILROAD OR PUBLIC UTILITY RIGHT OF WAY FOR TRUNK LINE HIGHWAY (213.151 - 213.153)
- Act 227 of 1972 - RELOCATION ASSISTANCE (213.321 - 213.332)
- Section 213.321 - Definitions.
- Section 213.322 - Relocation assistance advisory services for displaced persons and certain occupants of real property.
- Section 213.323 - Functions of relocation assistance advisory services program.
- Section 213.324 - Matching federal funds; financial assistance; expenses.
- Section 213.325 - Payments where federal funds not available or used.
- Section 213.326 - Displaced person defined; persons entitled to financial assistance.
- Section 213.327 - Ordinances and rules.
- Section 213.328 - Other compensation not excluded; payments not deemed income.
- Section 213.329 - Judicial review.
- Section 213.330 - Contracts.
- Section 213.331 - Repeal.
- Section 213.332 - Effective date.
- Act 236 of 1911 - CONDEMNATION BY STATE (213.1 - 213.4)
- Section 213.1 - Condemnation of private property for state use; authority delegated; jurisdiction.
- Section 213.2 - Attorney general; duty; petition; contents; summons; issuance and return; incompetents; non-residents; service; notice by publication.
- Section 213.3 - Petition; hearing on necessity and compensation; commissioners procedure; jury, procedure.
- Section 213.4 - Objections to report filed; confirmation; deposit; vesting of title; payment of compensation; dismissal; expenses; record.
- Act 270 of 1931 - APPLICATION OF CONDEMNATION AWARDS AGAINST TAXES AND SPECIAL ASSESSMENTS (213.291 - 213.291)
- Act 288 of 1957 - TAKING PROPERTY OF PUBLIC HOSPITAL, COLLEGE, OR UNIVERSITY (213.301 - 213.304)
- Section 213.301 - Property of public college, university or hospital; condemnation, definitions.
- Section 213.302 - Property of public college, university or hospital; determination of relative necessity.
- Section 213.303 - Property of public college, university or hospital; judicial determination of necessity.
- Section 213.304 - Judicial determination; abatement of pending proceedings.
- Act 295 of 1966 - ACQUISITION OF PROPERTY FOR PUBLIC HIGHWAYS (213.361 - 213.391)
- Section 213.361 - Securing fee simple or lesser estate in real property and other property; conditions.
- Section 213.362 - Property in city or village; designation and consent prior to acquisition for street or highway.
- Section 213.363 - Name in which property taken; acquisition by and execution of appropriation instrument; fluid mineral and gas rights; recordation of instruments.
- Section 213.364 - Property; payments; source, warrants.
- Section 213.365 - Property; adjacent land, cemeteries, exchanges, parcels of property.
- Section 213.366-213.390 - Repealed. 1980, Act 87, Eff. Apr. 1, 1983.
- Section 213.391 - Effect on other condemnation acts.
- Act 323 of 1931 - <font color=red>Repealed-</font>DAMAGES IN CONDEMNATION PROCEEDINGS (213.271 - 213.272)
- Act 352 of 1925 - ACQUIRING PROPERTY FOR HIGHWAY PURPOSES (213.171 - 213.199)
- Section 213.171 - Property; acquisition by county road or state highway commissioners; approval of required officials.
- Section 213.172 - Property for county and trunk line; conveyances, name, fluid mineral and gas rights, recording.
- Section 213.173 - Payment of purchase price for property.
- Section 213.174 - Determination of necessity by board or commissioner; hearing.
- Section 213.174a - Determination of necessity by circuit court commissioner if board or commissioner is disqualified.
- Section 213.175 - Determination of necessity; filing and recording; compensation for property.
- Section 213.176 - Possession notice; vesting of title; removal of obstructions on property.
- Section 213.177 - Petition; circuit court to appoint commissioners to determine damages.
- Section 213.178 - Petition; order for hearing, service.
- Section 213.179 - Petition; service upon guardians; guardian ad litem.
- Section 213.180 - Petition; constructive service; order for appearance.
- Section 213.181 - Order for appearance; publication; mailing and service of order.
- Section 213.182 - Order for appearance; proof of publication and service; filing.
- Section 213.183 - Default of persons not appearing; court-appointed commissioners; discontinuance.
- Section 213.184 - Commissioners; meetings, adjournments; witnesses.
- Section 213.185 - Commissioners; view of premises; hearing; evidence of ownership.
- Section 213.186 - Commissioners; appraisal of damages; reports.
- Section 213.187 - Commissioners; not necessary to include all parcels of property in same petition.
- Section 213.188 - Benefits to owners; deduction from damage costs.
- Section 213.189 - Orders of court upon determination and in regarding commissioners.
- Section 213.190 - Confirmation of commissioner's report; witness, attorney, damage fees.
- Section 213.191 - Compensation of highway condemnation commissioners; expenses.
- Section 213.192 - Prima facie evidence; certificate, report, or determination.
- Section 213.193 - Right to acquire property of municipalities and cemetery associations; exchange.
- Section 213.194 - Sale of excess land; conveyance; record.
- Section 213.195 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
- Section 213.197 - Review by certiorari; procedure; time limitations.
- Section 213.198 - State highway commissioner or deputy may conduct proceedings.
- Section 213.199 - All notices and orders; service.
- Act 379 of 1927 - SERVICE ON UNKNOWN OWNERS OR CLAIMANTS IN CONDEMNATION PROCEEDINGS (213.261 - 213.261)