M Civ JI 90.21 Fixtures: Election to Remove - Compensation

In this case, the owner has elected to remove fixtures from the property. When the owner makes such an election, the market value of the property including the fixtures must be decreased by the value of the fixtures removed. The owner shall be awarded the cost of removing the fixtures, moving them to a new location, and reinstalling them at the new location.

Note on Use

An owner may not recover moving expenses for the fixtures that have been duplicated by relocation benefits paid under federal, state, or local law. MCL 213.63a.

The condemning authority cannot be required to pay more to move a fixture than its value-in-place. In re Grand Haven Highway, 357 Mich 20; 97 NW2d 748 (1959).

Comment

A condemnee automatically receives value-in-place for fixtures without the necessity of an election. However, a condemnee may elect to remove fixtures and receive the value of the property as enhanced by the fixtures less the value-in-place of the fixtures that have or will be severed plus the cost of detaching, moving, and reattaching the fixtures in the new location. Wayne County v Britton Trust, 454 Mich 608; 563 NW2d 674 (1997).

History

M Civ JI 90.21 was added February 1, 1981. Amended October 1998.