State Constitution (Excerpt) Constitution of Michigan of 1963 (New Version)
Article X, § 2 of the Michigan Constitution of 1963 governs condemnation actions in Michigan. This provision was significantly amended in 2006. Stephon B. Bagne prepared an article entitled An Electoral Uprising Dramatically Increases Property Owners Rights in Condemnation Cases that discusses the changes in the Michigan Constitution and Uniform Condemnation Procedures Act in 2006. Prior to the amendment, Article X, § 2 consisted to two sentences. After the amendment, the language has been expanded broadly.
Article X, § 2: Private property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law. Compensation shall be determined in proceedings in a court of record.
Article X, § 2: Private property shall not be taken for public use without just compensation therefore being first made or secured in a manner prescribed by law. If private property consisting of an individual’s principal residence is taken for public use, the amount of compensation made and determined for that taking shall be not less than 125% of that property’s fair market value, in addition to any other reimbursement allowed by law. Compensation shall be determined in proceedings in a court of record.
“Public use” does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues. Private property otherwise may be taken for reasons of public use as that term is understood on the effective date of the amendment to this constitution that added this paragraph.
In a condemnation action, the burden of proof is on the condemning authority to demonstrate, by the preponderance of the evidence, that the taking of a private property is for a public use, unless the condemnation action involves a taking for the eradication of blight, in which case the burden of proof is on the condemning authority to demonstrate, by clear and convincing evidence, that the taking of that property is for a public use.
Any existing right, grant, or benefit afforded to property owners as of November 1, 2005, whether provided by this section, by statute, or otherwise, shall be preserved and shall not be abrogated or impaired by the constitutional amendment that added this paragraph.
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