Wayne County v. Britton Trust

In this appeal, we address two issues: (1) what constitutes a “fixture” for purposes of the condemnation process, and (2) whether a condemnee can force the condemning agency to pay either the value-in-place or the detach/reattachment costs for his fixtures. We reaffirm the three-part test enumerated in Morris v Alexander, 208 Mich 387; 175 NW 264 (1919), for determining what constitutes a fixture. Property is a fixture if (1) it is annexed to the realty, whether the annexation is actual or constructive; (2) its adaptation or application to the realty being used is appropriate; and (3) there…