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Mich. Comp. Laws § 560.255b

Presumption of acceptance of land dedicated to use of public; rebuttal

Applied in 10 court decisions — leading case Kraus v. MICH. DEPARTMENT OF COMMERCE (1996)

Most recently applied in 2000 Baum Family Trust v. Babel (December 2010)

Add. 1978, Act 556, Imd

How often courts cite this section

198719902000201020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 255b. (1) Ten years after the date the plat is first recorded, land dedicated to the use of the public in or upon the plat shall be presumed to have been accepted on behalf of the public by the municipality within whose boundaries the land lies. (2) The presumption prescribed in subsection (1) shall be conclusive of an acceptance of dedication unless rebutted by competent evidence before the circuit court in which the land is located, establishing either of the following: (a) That the dedication, before the effective date of this act and before acceptance, was withdrawn by the plat proprietor. (b) That notice of the withdrawal of the dedication is recorded by the plat proprietor with the office of the register of deeds for the county in which the land is located and a copy of the notice was forwarded to the director of the department of energy, labor, and economic growth, within 10 years after the date the plat of the land was first recorded and before acceptance of the dedicated lands.

Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.