Legal Opinion
State Highway Commissioner v. Hahn
Michigan Supreme Court
Decided February 17, 1968No. Calendar 22, Docket 51,605PublishedCited by 5 opinions
1Opinion of the CourtSoubis, J.
Article 10, § 2, Constitution of 1963 provides that private property shall not be taken for public use without just compensation therefor. CL 1948, §213.171 (Stat Ann 1958 Rev §8.171) authorizes the State highway commissioner to take, by exercise of the power of eminent domain, certain private property for public use, including “gravel, rock, sand, dirt and any and all other materials that may be needed for the proper construction, improvement or maintenance of a highway.”
In 1963, acting pursuant to the cited statute, the highway commissioner asserted the right to enter upon 12-1/2 acres of…
2Cases cited3 opinions
- State Highway Commissioner v. FeginMichigan Court of Appeals · 1966
- State Highway Commissioner v. GreenMichigan Court of Appeals · 1967
- State Highway Commissioner v. HahnMichigan Court of Appeals · 1966
3Cited by5 opinions
- State Highway Commission v. L & L Concession Co.Michigan Court of Appeals · 1971
- Consumers Power Co. v. Allegan State Bank Appeal of Nieneker TrustMichigan Court of Appeals · 1970
- Highway Commission v. LukazcekMichigan Court of Appeals · 1969
- State Highway Commission v. JenkinsMichigan Court of Appeals · 1968
- State Highway Commissioner v. HahnMichigan Supreme Court · 1968