M Civ JI 90.17 Easements

The [ name of condemning authority ] is attempting to acquire through this condemnation proceeding certain limited rights in the owner’s lands. The rights being acquired are as follows: [ describe and define the rights being acquired ]. The owner will have and retain all the uses of [ his / her ] land not inconsistent with those easement rights.

Note on Use

On measure of compensation, see M Civ JI 90.12 and the Note on Use thereunder.

Comment

See Cantieny v Friebe, 341 Mich 143; 67 NW2d 102 (1954); Hasselbring v Koepke, 263 Mich 466; 248 NW 869 (1933); Nicholls v Healy, 37 Mich App 348; 194 NW2d 727 (1971).

History

M Civ JI 90.17 was added February 1, 1981.