213.57 Vesting of title in agency; vesting of right to just compensation; delay or denial.

261 words·~1 min read·/mi/chapter-213/213-57

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 7.

(1)If a motion to review necessity is not filed under section 6, the title to the property described in the petition shall vest in the agency as of the date on which the complaint was filed. The right to just compensation shall then vest in the persons entitled to the compensation and be secured as provided in this act. If the motion to review necessity is denied after a hearing and after any further right to appeal has terminated, title to the property shall also vest in the agency as of the date on which the complaint was filed or such other date as the court may set upon motion of the agency.

(2)Vesting of title in the agency shall not be delayed or denied because of any of the following:

(a)A motion filed under section 6a, challenging the agency's election 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.

History: 1980, Act 87, Imd. Eff. Apr. 8, 1980 ;-- Am. 1993, Act 308, Eff. Jan. 28, 1994 ;-- Am. 1996, Act 474 , Imd. Eff. Dec. 26, 1996