Tolksdorf v. Griffith

This case involves the constitutionality of the Opening of Private Roads and Temporary Highways Act (the private roads act), MCL 229.1 et seq. The key issue is whether the act provides for an unconstitutional taking under art 10, § 2 of the Michigan Constitution of 1963. We hold that it does because the act authorizes a taking and the taking primarily benefits a private rather than a public purpose. For that reason, we strike down the act as unconstitutional.

I. THE HISTORY OF THE PRIVATE ROADS ACT

Both the Michigan and federal constitutions prohibit the taking of private property for public…