Michigan House Bill HB5690

Michigan 2023-2024 Regular Session

• Introduced: 4/25/24
• Refer: 4/25/24

Caption

Courts: juries; reference in the uniform condemnation procedures act; amend to reflect repeal. Amends sec. 12 of 1980 PA 87 (MCL 213.62). TIE BAR WITH: HB 5689'24

Impact

The legislation is notable as it explicitly establishes the right to a jury trial for cases involving just compensation in condemnation proceedings. By mandating a jury comprised of local electors, the bill makes strides toward enhancing community involvement in judicial outcomes related to property disputes. This change could potentially lead to an increased number of jury trials in such cases, thus impacting the overall judicial process in Michigan and the management of legal resources in courts.

Summary

House Bill 5690 seeks to amend The Uniform Condemnation Procedures Act of 1980, specifically section 12 which pertains to the rights of plaintiffs and defendants regarding trials by jury. The bill clarifies that either party may demand a jury trial to determine just compensation, with the jury consisting of six qualified electors selected as per existing Michigan court rules. The changes aim to simplify and affirm the legal procedure around property condemnation and ensure fair treatment in compensation assessments.

Contention

While the bill is primarily procedural, there is potential for contention regarding its implementation, particularly in how local jurisdiction will interpret and apply these laws in practice. Critics may argue that increased jury trials could lead to delays in the resolution of condemnation cases, which some stakeholders may view as detrimental to timely economic development. Furthermore, the tie bar with related legislation (notably House Bill 5689) indicates that HB 5690's enactment is contingent upon changes to other related legal frameworks, suggesting overlapping debates might arise during discussions in legislative sessions.