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HomeMy WebLinkAboutResolutions - 1971.01.21 - 16089January 21, 1971 5588 RESOLUTION NO. RE: PROPOSED AMENDMENT TO ACT 185 of PUBLIC ACTS OF 1957, AS AMENDED BY: PUBLIC WORKS COMMITTEE - MT. Lennon TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the Public Works Committee has had under consider- ation a proposed amendment to Act 185 of the Public Acts of 1957, as amended; and WHEREAS, the proposed amendment would change the present system of Condemnation Procedure to the same Condemnation Pro- cedure as is now used by the Michigan State Highway Department; and WHEREAS, the Department of Public Works recommends the adoption of the proposed Condemnation Procedure, NOW THEREFORE BE IT RESOLVED that Act 185 of the Public Acts of 1957, as amended, be amended by deleting the existing Chapter 3, which Chapter pertains to Condemnation Procedure, and adding a new Chapter 3 on Condemnation Procedure, as said added Chapter 3 is set forth in Exhibit A, as attached hereto. BE IT FURTHER RESOLVED that this Resolution be referred to the Legislative Committee. MR. CHAIRMAN, on behalf of the Public Works Committee, I move the adoption of the foregoing resolution. PUBLIC WORKS COMMITTEE A rA-4--C J prnard F Lennon, / ,1 /4 , E. /Frank fachidson Charles B. Edwards, Jr. 1 Dale C. Burley Patrick K. Daly 7/ Robert F. Patnales Procedure, seven new sections be numbered Sections 43.1 through to An Act to amend Act No. 185or: the Public ACts of nichigan 1957, as amended, by adding in ChaPter 3 thereof on Condenation -43..7, both inclusive. -•* Section 1.. Act No, 185 of the Public Acts of nicnigan of • H•1957,. as amended, is hereby further .airended bye -adding in Chapter 3 thereof on Condemnation Procedure, the following seven new sections % numbered s,-,Otions 43.1 through 43.7, bo.th reading'as. follows: - Sec. 43.1 If the hoard of public works sa11 determine in its resolution Df necessity, or in any Eubsecanent resolution, that it is necessary, for reasons 'of public health, to obtain immediate possession and asc of certain private property for a designated public improvem:,.nt, and shall recite in the resolution_ that a written offer to r)urcha3e such private pre ,D-rtv h-- made to all of the - 4, L. : % persons interes:_ed therein and has been rejected by one or more of them, the county may file in the court, with the petition, or at any time after the )e -Li:tion is filed'and before judgment, a declaration of taking decla -:ing that the described yrivate property is thereby taken by the conty. Sec. 13.2 The declaration of taking shall contain the 4:4 ' a. A reference to the petiticn by date, court iJ.1 which filed and court I-I.:Tabor or, in lieu thereof, the petition shall be attached to the declarat.ion of taking and EXHIBTT "A" ;he su:a of raonC.17 eStiic,at.C:C1 ne by amount which will be paid to each persdh Sum of money 'Iestimated to be out of Gard of pu.pla.c .wos to be just - , Comoonsation for the private proPety g• -tahen, and A.L.tatement.f the persons linu,:n to the 'board of pub2.1c Works to ho interested.. ih the private property taken and of the )ust. compensation, and . A notification to each Person interested in the private 1Dropertyltal.:.en of the time within which and the plcc where a motion must be filed to review the necessity for such taking. The declaration of taking shall be servel on the persons interes.:ed . . in. the private property in themanner provided in section 54. Publication of nedeciaratiOn of•takInc is not recluired. Service may be carried put at the same time as:Lny o'rder of the court tn, ervo d , C. 43.3 Within 10 days afttlr the service -of.tne e• declaration of taking reciuired by sectipn 43.2 has been made, a person claiminu fraud or abuse of discrtion, or both, in the ' nccz-ssitv of the taking of all or arl. 1-:.:art of the private pro-2.e:tv and having an ,nt=,rest in the oronertv involved, may file a rot on -t asking that sl'ch neceqs'i -v the hearing to all Fc shall give at least IC :lays' notic ,,, persons interestcd in the semu r:vito croerty. Such hearing s'nall be held within 20 days of the filing o the notion. At the . the court hiil determine whether. r pot there has been either fraud - • or abuse of discretion in regard to such necessity.- iippealfrom • the dotorinatio -:i of the court may DO taken as in other civil cases, Sec. 43.4 T .f.. no motion for review is filed within the specified . section 43.3, upon firing a declaration of taking with the county treasurer and depositing the amount of the estimated compensation, the title to the .property describ-cd in .the .deelaration . .• of taking shall vcst in the county, which shall forthwith- record a •certification of taking with the regi c ster of deeds of the bounty.. , The right to just compensation shall then vest in the persons entitled thereto and be s e cured as herein provided. The deposit, ' 1 4 * filing and recorn‹-T shall 4.1:;.ewise be rrt..(le and title vest, as hereinbefore pro,iided, if, after a hearinq or appeal f the motion . for review is d13:11issed or denied or the necessity is affirmed and the right to app -2.al has terminated. The certification of'tak;ng ;• • be recorded with the register of decdsshIll describe the private , the taken, 4. i_44e InEerst tc„.,-_,:n Is the fee or any lesser .• ..•• inte r est and the location in -coneral ter;', of the designated public improvement. This certification shall nE.:le the county as the owncr of the interest .:aken with the name and address of the board of public, works and the name, if any, of thE: designated public improve- .. ment for which tli2private 7)ro -,pertv wat taken but it shall not nail-e _ . _ the persons from whom the private property was taken or state the • a7-o-..Ints paid to each of Sec. 43.5 • if a motion for rev ew as .1:tovided in sj..-!ctic • , 43.3 is no filed, is dismiss e d or deLied or the nec'essitY is • • • • - •- t- • : J.- * e-201'catien of the ersons interested ía the priv et 7)-r-on-tv the eou-t to the county, and to writ of .assistance. enforte surrender by appropriate order or • e or,2.‘r the county treasurer to pay the money thus deposited, or any part thereof, for or on account of the just corc,0:msation to be awarded i e_.proceeding. Sec 43.6 Upon filing of a declaration of taking and the dcpcsit as provided in scOt.fon 43.4, cr if motion revinw is filed, ton final deterina tion thereof,.the court shall fix the tim -and terms for surrender of possession of the 'property . Sec. 43.7 If any person named In the declaration of taking is known to the hoard of public works be a minor or al insane or incorcpetent person who as no general guardian, the county shall ash the court to appoint a guardian ad litem for sch parson. Moved by Lennon supported by Horton the resolution be adopted. Discussion followed. The Chairman referred the resolution to the Legislative Committee. There were no objections.