Book Name: Michigan Real Property Review
Writer: JAMES M. TERVO
The general professional doesn’t frequently engage in confiscation cases. This article is planned to profit those lawyers who have either never spoken to a casualty of this exceptional exercise of sovereign force, or have done so rarely and are inexperienced with late advancements in the law. Despite the fact that the idea of the confiscation (private v business), and the realities of the specific case direct the lawyer’s suit and evaluation system, this article talks about the strategies utilized in a “commonplace” seizure case.
Constitution and Statute
A. Michigan Constitution 1963 Article X Section 2 requires that “private property will not be taken for open use without just remuneration along these lines being first made or made sure about in a way recommended by law.”
B. The Uniform Condemnation Procedures Act~, 1980 PA 87 legitimately annuls or in any case overrides every single procedural arrangement of
other expr6priation resolutions with a uniform methodology. Compliant with MCL 213.75, MSA 8.265(25), all seizures by open or private organizations must be started under the UCPA.
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