The pertinent portion of the Uniform Condemnation Procedures Act, MCL 213.70(2), states:
The general effects of a project for which property is taken, whether actual or anticipated, that in varying degrees are experienced by the general public or by property owners from whom no property is taken, shall not be considered in determining just compensation. A special effect of the project on the owner’s property that, standing alone, would constitute a taking of private property under section 2 of article X of the state constitution of 1963 shall be considered in determining just compensation. To the extent that the detrimental effects of a project are considered to determine just compensation, they may be offset by consideration of the beneficial effects of the project.
The question presented here is whether that statute violates the Michigan Constitution when the statute is applied to prevent those who have suffered a partial taking from receiving compensation for the full diminution in value attributable to that taking. Specifically, since under Spiek highway effects are improper when they are the sole damage claim, is it improper to consider highway effects when there is other damage, such as a partial taking?
All of Michigan’s constitutions have required that compensation be paid for takings. The 1835 constitution stated, "The property of no person shall be taken for public use, without just compensation therefor." Const 1835, art 1, § 19. The 1850 constitution stated, "The property of no person shall be taken by any corporation for public use, without compensation being first made or secured, in such manner as may be prescribed by law." Const 1850, art 15, § 9. The 1908 constitution stated, "Private property shall not be taken by the public nor by any corporation for public use, without the necessity therefor being first determined and just compensation therefor being first made or secured in such manner as shall be prescribed by law." Const 1908, art 13, § 1. The 1963 constitution originally stated: "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." Const 1963, art 10, § 2 (prior to amendment through Proposal 4 of 2006). Art 10, § 2, was amended in 2006 via the enactment of Proposal 4. The pertinent portion of that section now reads:
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.
Const 1963, art 10, § 2.
