Title 213, CONDEMNATION

Sec. 4a. In the event the board or commissioner shall for any reason be disqualified to hear and determine the matter of necessity, as provided in this act, such matter of necessity only shall be heard by a circuit court commissioner of the county in which the property sought to …

Sec. 5. Such determination may be filed with the county clerk if with reference to a county road, and in the office of the state highway commissioner if with reference to a state trunk line highway, and a certified copy thereof recorded in the office of the register of deeds of t…

Sec. 6. Upon the filing of such determination and proof of payment, tender or deposit as above provided, the board or commissioner having the matter in charge shall give notice thereof to the owners or occupants of the property therein described, which notice shall be served as p…

Sec. 7. Within 90 days after the filing of any such determination of damages, as aforesaid, the board or commissioner having the matter in charge, unless the parties interested in the property therein described having accepted the amount tendered or offered and delivered the prop…

Sec. 8. Upon the filing of the petition, the court shall make an order fixing a day for the hearing on such petition, which shall not be less than 15 days thereafter. Such order shall recite the names of the persons mentioned in the petition and the descriptions of each piece or …

Sec. 9. In cases where a minor or an insane or incompetent person has an interest in such property, service of a copy of the order shall be made upon the guardian, if any, and if such person has no guardian, the board or commissioner may petition the court for the appointment of …

Sec. 10. Upon, or at any time after, the filing of such petition, the judge shall make an order for the appearance of any persons interested in the property, or any part thereof on or before the day of hearing therein stated, upon proof by affidavit either: 1. That such person re…

Sec. 11. Such order shall be published in some newspaper published and circulated in the county, or in such other paper as the court may direct, at least once in each week for 2 successive weeks immediately preceding the day set for the hearing, and a copy of such order shall be …

Sec. 12. Proof of publication and service may be made by affidavit of any person having knowledge of the facts. Such proof shall be filed with the court on or before the day of hearing, and thereupon the court shall have jurisdiction of the subject matter involved in the proceedi…

Sec. 13. On the day fixed as aforesaid, the court shall enter the default of all persons interested in the property described who have not appeared, and shall direct the payment to such persons of the sums stated in the determination aforesaid, as compensation for the taking of t…

Sec. 14. The court commissioners shall meet at the time and place ordered by the court and shall be sworn faithfully to discharge their duties. If all do not then appear, a less number may adjourn to a time certain, but no adjournment shall be made to a day later than the time al…

Sec. 15. The court commissioners, at the time fixed by the court or at the time fixed by adjournment, shall view the premises described in the petition and shall hear the proofs and allegations of the parties. At such hearing the determination hereinabove provided for, or a certi…

Sec. 16. The court commissioners shall appraise the damages to be paid as compensation for each such piece or parcel of property, and shall report such decision in writing, signed by them or a majority of them, at or before the time fixed for that purpose, but it shall not be nec…

Sec. 17. It shall not be necessary for the board or commissioner to include in one determination the descriptions of all of the property necessary to be taken for any single project, or to include in one petition, the descriptions of all of the property described in the determina…

Sec. 18. If any discontinued highway shall be upon lands through which a new highway shall be laid out, the same may be taken into consideration in estimating the damages sustained by the owner of such lands; and in like manner the benefits accruing to owners of lands by reason o…

Sec. 19. The court may, at the time of the filing of the report or at such other time to which it may adjourn the proceedings, on cause shown, set aside the report and refer it back to such court commissioners or appoint other commissioners to re-try the questions involved, where…

Sec. 20. After the court shall confirm the report of the court commissioners, it shall enter an order authorizing the board or commissioner to pay the several sums awarded for damages, and they shall pay the same accordingly. The court may determine and include in said order an a…

Sec. 21. The court shall fix the compensation of the court commissioners, not to exceed $50.00 per day, and determine the amount of necessary expenses incurred in connection with such proceedings, and the whole cost thereof.

Sec. 22. Any certificate, report or determination authorized or required by this chapter, or the record thereof, or a certified copy of any such certificate, report, determination or record, shall be prima facie evidence of the facts recited therein and of the title to the proper…

Sec. 23. The provisions of this chapter shall be deemed to extend to and include the right to acquire and take property and property rights held, reserved, owned, used or occupied by any cemetery association or municipality, or by any person, firm, society, association or corpora…

Sec. 24. Whenever the whole of a lot or parcel of land is, or has been, taken by any board or the commissioner, as provided in the preceding section, such board or commissioner, or his or their successors in office shall have the right, and are hereby authorized, to sell and conv…

Sec. 27. Any proceeding taken under the provisions of this act shall be subject to review upon certiorari. The procedure therefor shall be the same as is required in case of certiorari to review judgments rendered by judges of the circuit courts: Provided, That the application fo…

Sec. 28. Any act or proceeding herein directed or authorized to be performed or conducted by the state highway commissioner may be done by said state highway commissioner in person, or by 1 of his deputies; or the state highway commissioner may generally or specifically deputize …

Sec. 29. All notices and orders heretofore mentioned in this act, unless otherwise provided, shall be served as follows: (a) Personally; or (b) By leaving a copy at the residence of the person or persons interested; or (c) By mailing a copy thereof by registered mail at the last …