State Highway Commission v. Mobarak

The problem presented by this appeal is to reconcile, if possible, the literal wording of art 10, §2 of the 1963 Michigan Constitution and the statute which furnishes the procedural implementation of the constitutional provision.

It is axiomatic that our duty is to arrive at a constitutional conclusion, if possible.

The involved constitutional provision reads:

"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.” (Emphasis supplied.)

We…