In Bd of Cnty Rd Commrs for Cnty of Washtenaw v. Mildred Shankle, 340612 (Mich. Ct. App. 2019), the Michigan Court of Appeals held that a good-faith written offer is a necessary condition precedent to invoke jurisdiction in condemnation proceedings under the UCPA.
This case relates to a road improvement project for the reconstruction and repaving of a portion of Textile Road in Pittsfield Charter Township. The Road Commission filed this action against defendant land owners for allegedly rejecting their good faith offers to pay just compensation for various easements and permits necessary for the project. Defendants moved for summary judgment alleging lack of subject matter jurisdiction due to the Road Commission’s failure to strictly comply with the UCPA’s condemnation procedure. The trial court denied defendants’ motion. Defendants appealed.
The COA noted that in all cases where the property of the individuals is sought to be condemned for the public use by condemnation proceedings, it is well settled that the law which regulates such proceedings must be strictly followed. See Detroit Sharpshooters’ Ass’n v Hamtramack Hwy Comm’rs, 34 Mich 36, 37-38 (1876). The Road Commission argued that the Legislature rejected the common-law strict compliance requirement when it enacted the UCPA, but the COA noted that the Road Commission did not cite any authority to support the assertion.
The Court ruled that because the Road Commission failed to strictly comply with the statutory requirements to bring a condemnation action, the trial court never acquired subject-matter jurisdiction. The UCPA requires, as a necessary condition precedent to invoking he trial court’s jurisdiction, that the condemning agency provide a good-faith written offer to all property owners of record affected by the proposed condemnation. As a result, the defendants were granted summary judgment.
A link to the opinion can be found here: https://law.justia.com/cases/michigan/court-of-appeals-published/2019/340612.html
This article was written by Ryan Hansen, Law Clerk
