Michigan Laws 280.564 – Lands and rights of way; condemnation, procedure, federal governmental participation; costs
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 280.564
- agencies: shall be deemed to include those officers, boards, commissions and other bodies created by public corporations or by the federal government, which are authorized to act in their own names. See Michigan Laws 280.551
- board: shall be deemed to mean the water management board of a water management district. See Michigan Laws 280.551
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- project: shall be deemed to mean any flood control or drainage project petitioned for or undertaken under the provisions of this chapter in any water management district or subdistrict. See Michigan Laws 280.551
- state: shall be deemed to mean the state of Michigan. See Michigan Laws 280.551
The board shall then proceed to secure the necessary lands and/or rights of way for the proposed project. If the same cannot be secured by negotiation, then the board may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as amended, being section 213.21 to 213.41, inclusive, of the Compiled Laws of 1948, and shall be deemed to be a “state agency” as that term is used in said act, or if the project is one in which the federal government is participating in any manner, then such lands and/or rights of way may be acquired through proceedings brought by the federal government under any appropriate federal act: Provided, That no condemnation proceeding under this act shall be instituted until the board has first given written notice by registered mail to the highway agencies having jurisdiction over any highway, road or street affected by the lands or rights of way to be acquired by such condemnation proceeding. In event that lands and/or rights of way shall be acquired through proceedings under a federal act, then the amount of the awards in such proceeding shall be deemed to be a part of the cost of the project to the same extent as if the condemnation proceedings had been taken under the laws of this state.