HB-5819, As Passed House, May 31, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5819

     A bill to amend 1980 PA 87, entitled

"The uniform condemnation procedures act,"

by amending section 9 (MCL 213.59), as amended by 1996 PA 474.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9. (1) If a motion for review under section 6 is not

filed, upon expiration of the time for filing the motion for

review, or, if a motion for review is filed, upon final

determination of the motion, the court shall fix the time and terms

for surrender of possession of the property to the agency and

enforce surrender by appropriate order or other process. The court

also may require surrender of possession of the property after the

motion for review filed under section 6 has been heard, determined

and denied by the circuit court, but before a final determination

on appeal, if the agency demonstrates a reasonable need. If the

surrender or possession of property requires relocation, payment

must be made to an owner or relocated person not later than 30 days

before physical dispossession. If there is a dispute after the

payment is made, the dispute shall be resolved at an apportionment

hearing held before physical dispossession. If the surrender of

possession of property requires the relocation of any individual

who occupies a residential dwelling on the property, the individual

shall not be required to move from his or her dwelling unless he or

she has had a reasonable opportunity to relocate to a comparable

replacement dwelling, not to exceed 180 days from the date moving

expenses are paid, and has been paid the moving allowance provided

for under 1965 PA 40, MCL 213.351 to 213.355. However, if the

agency is complying with applicable federal regulations and

procedures regarding payment of compensation or relocation

requirements, those federal regulations and procedures take

precedence over any contradictory provisions in this section.

     (2) If interim possession is granted to a private agency, the

court, upon motion of the owner, may order the private agency to

file an indemnity bond in an amount determined by the court as

necessary to adequately secure just compensation to the owner for

the property taken.

     (3) If an order granting interim possession is entered, an

appeal from the order or any other part of the proceedings shall

not act as a stay of the possession order. An agency is liable for

damages caused by the possession if its right to possession is

denied by the trial court or on appeal.

     (4) Repayment of all sums advanced shall be a condition

precedent to entry of a final order setting aside a determination

of public necessity.

     (5) Although the court shall not order possession to be

surrendered to the agency before it orders that the escrow be

distributed under section 8(1) or (4) or retained under section

8(2), the court shall not delay or deny surrender of possession

because of any of the following:

     (a) A motion filed pursuant to section 6a, challenging the

agency's decision to reserve its rights to bring federal or state

cost recovery actions.

     (b) A motion challenging the agency's escrow under section 8.

     (c) An allegation that the agency should have offered a higher

amount for the property.

     (d) An allegation that the agency should have included

additional property in its good faith written offer.

     (e) Any other reason except a challenge to the necessity of

the acquisition filed under section 6.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 5817.

     (b) House Bill No. 5818.

     (c) House Bill No. 5820.

     (d) House Bill No. 5821.