After acquiring by eminent domain approximately 73 acres of lands and buildings for redevelopment purposes under the rehabilitation of blighted areas act (hereinafter referred to as the RBA act), PA 1945, No 344, as amended (CL 1948 and CLS 1961, § 125.71 et seq. [Stat Ann 1958 Rev *Page 557 and Stat Ann 1963 Cum Supp § 5.3501 et seq.]), the city of Detroit instituted these proceedings in separate suit to vacate certain plats and streets and alleys pursuant to a development plan. These proceedings to vacate were brought under sections of the plat act, PA 1929, No 172, § 59 et seq., as amended (CL 1948 and CLS 1961, § 560.59 et seq [Stat Ann 1953 Rev and Stat Ann 1961 Cum Supp § 26.489 et seq.]). The utilities, Michigan Bell and Detroit Edison, objected to vacation of certain streets and alleys in the blighted area in which their facilities were installed unless "easements" were reserved "to maintain their poles, wires and other equipment in their present locations in such streets and alleys." In lieu thereof, the utilities sought costs from the city for relocating such facilities to other places in the development area as designated in the plan.
As part of said development plan are three maps comprising part of exhibit A and denominated 7, 8, and 9. These maps show graphically the elaborate planning performed by the city of Detroit to provide for both overhead and underground utility facilities in the area under redevelopment. From the maps it is plain that use of existing as well as new facilities was projected. The maps also indicate the utilities themselves as the source of at least some of the planning. It is not claimed by the utilities that relocation of facilities to other designated places within the redevelopment area will interfere with their obligations to serve customers either in the development area or beyond. The stage is set, therefore, for the crucial question. Is the city required to pay the utilities relocation costs?
The opinion of Mr. Justice O'HARA, affirming the trial court judgment, is grounded upon a construction of the plat act. We counter this rationale herein, although other points in his opinion might be *Page 558 considered more dispositive of the case, had he written for reversal as we do. Both utilities advert to the plat act in a manner as follows. Michigan Bell says that, although the trial court did not reach the proposition, it is entitled to prevail "for the additional reason" that the plat act requires reservation of "easements" and, Michigan Bell adds, that in lieu thereof it is entitled to reimbursements for the costs of relocation. In similar, but even briefer statement, Detroit Edison asserts that reservation of the "easements" is required under the act; however, it does not assert in its brief that alternatively relocation costs are required by the act. Significantly, the act itself makes no mention of relocation costs.
Mr. Justice O'HARA says that "strictly speaking" the rehabilitation of blighted areas act is not involved, only the plat act. However, both utilities say that the RBA act is involved, at least to some extent. Our conclusion is that both acts must be construed together as statutes in pari materia, for reasons which follow.
Statutes in pari materia are those which relate to the same person or thing, or the same class of persons or things, or which have a common purpose. It is the rule that in construction of a particular statute, or in the interpretation of its provisions, all statutes relating to the same subject, or having the same general purpose, should be read in connection with it, as together constituting one law, although enacted at different times, and containing no reference one to the other. Rathbun v.State of Michigan, 284 Mich. 521; Palmer v. State Land OfficeBoard, 304 Mich. 628; Wayne County v. State Department ofSocial Welfare, 343 Mich. 475.
There is no gainsaying that the rehabilitation of blighted areas act and the plat act, in pertinent *Page 559 parts, are statutes in pari materia. In the RBA act, one of the characteristics of a blighted area is defined1 as part of a municipality in which there is an improper division or arrangement of lots and ownerships of streets and other open spaces. This suggests, among other things, the necessity for vacating streets, et cetera, when the occasion demands. Further on in the act, reference is made to "easements" for sewers, public lighting, water, gas, or other similar utilities. Still further, in reference to a development plan, the act provides that:
"The plan shall designate the location, extent, character and estimated cost of the improvements contemplated for the area; and may include any or all of the following improvements:
"Partial or total vacation of plats, or replatting; opening, widening, straightening, extending, vacating or closing streets, alleys or walkways; locating or relocating water mains, sewers, or other public or private utilities." CLS 1961, § 125.74 (Stat Ann 1958 Rev § 5.3504).
So much for references to the RBA act. Then compare this with pertinent sections of the plat act. Circuit courts are authorized upon proper application, to alter or vacate, and to correct or revise plats. Vacation, if objected to, must be shown to be necessary for the "health, welfare, comfort and safety of the public", the act reads. Then on to that crucial portion of the plat act upon which Mr. Justice O'HARA plants his opinion.
"If the petition before the court involves the vacation of any alley, street or other public place then being used by any public utility for public utility purposes, it is hereby deemednecessary for the health, welfare, comfort and safety of thepublic to reserve an easement therein for the use of public *Page 560 utilities, and it is hereby confirmed that the court has the authority to reserve such an easement. The foregoing provision shall not be deemed to limit the authority of the court to reserve easements for the use of the public utilities in other cases required or consistent with the health, welfare, comfort or safety of the public, including a situation where a public utility is not then making an actual use of the area to be vacated." (CLS 1961, § 560.62 [Stat Ann 1963 Cum Supp § 26.492].) (Emphasis supplied.)
From reviewing pertinent parts of the two statutes, it would appear that at least insofar as vacation of plats, streets, and alleys is concerned, the statutes relate to the same general subject. It might be said that by the RBA act, we are directed to several conditions under which vacations should be accomplished, whereas the plat act gives the tool, or shows how it may be accomplished. We conclude, therefore, that the statutes are inpari materia and should be so construed.
When construed together, we hold that the statutes do not require, in circumstances such as these, a municipality to reserve "easements" in streets and alleys sought to be vacated. It is true, as Mr. Justice O'HARA suggests, the plat act provisions seem to require reservations of "easements", in place, for utility purposes where previously so used. However, strict construction of a statute should not be followed where such construction would defeat the main purpose of other statutes relating to the same subject. Rathbun v. State of Michigan,supra.
The Rathbun Case involved, inter alia, an interpretation of supposed conflicting provisions of the general property tax act (PA 1893, No 206, § 131, as amended)2 and the public domain act (PA 1909, *Page 561 No 280, as amended).3 Plaintiff's grantor had claimed that the reservation of mineral rights to the State in a homestead deed was contrary to the general property tax law which provided that "Such deed shall convey an absolute title to the lands sold." Holding the statutes to be in pari materia, this Court ruled that the later enacted public domain act did not amend or repeal the general property tax law. The public domain act was said (pp 545, 546) to indicate a growth of general public policy with regard to the conservation of resources and, therefore, that the State acted properly in severing (p 536) "absolute fee in the surface rights from the absolute fee in the mineral rights." In the law related to statutory construction the case is cited, and properly so, for at least these two general propositions: (1) statutes will be construed if possible so that other statutes relating to the same subject may be given effect; and (2) strict construction of a statute should not be followed where it would defeat the main purpose of other statutes relative to the same subject. Of similar holding is Auditor General v. Stevens,291 Mich. 658, wherein certain tax moratorium statutes were harmoniously construed in pari materia with statutes comprising parts of the general tax law. To hold that in every single instance the plat act requires in vacation proceedings a reservation of "easements", in place, for public utilities is to place an unduly strict interpretation upon plat act provisions and also is to ignore basic differences between comprehensive redevelopment planning, on the one hand, and isolated instances of street and alley vacation, on the other. The former involves fundamental redesign of an entire area, including utility service facilities. In such case many utility facilities are, as here, retained. *Page 562 Other facilities may need to be redesigned to serve new customers with new service demands in the redeveloped area; while yet other facilities may have to be rerouted, if service is to be provided new customers in new locations at convenient outlets. We may say, therefore, that for comprehensive redevelopment planning under the RBA act, provisions are made for both the creation and the retention, where necessary, of places in the public right-of-way for utility facilities. On the other hand, where no broad area redevelopment is pursued under the RBA act, or similar statutes, and, hence, there is no requirement, statutory or otherwise, for comprehensive facility redesign or rerouting, it seems that in an isolated instance of street or alley vacation some provision may need to be made for retention of space in the vacated public right-of-way for utility facilities, to insure continuity of service. This is what the reservation of "easements" in the plat act is intended to provide. We hold that under present circumstances, "easements" were not required to be reserved. If such were not required, then the city, under its stipulation with the utilities, is not required to pay relocation costs.
One thing more needs to be said. Justice O'HARA writes that reservation of an "easement" is required because the plat act says so, and if "unreserved, the extinguishment thereof without compensation would constitute an unauthorized taking of private property." Holding, as we do, contrary to Justice O'HARA's premise that the plat act requires, under the circumstances, reservation of "easements", the conclusion follows that if no reservation is required then the refusal to reserve cannot be considered extinguishment of the easement. Refusal to grant a nonexistent right does not constitute an extinguishment. *Page 563
It should be added that this decision should not be construed as ordaining payment of relocation costs in lieu of "easements", as such may be required by language of the plat act. This question was not presented. We take note simply of the fact that the plat act contains no express provision for payment in lieu of reservation.
We are in substantial agreement with those portions of Mr. Justice O'HARA's opinion wherein he discusses propositions I, II, and III. It is his discussion of the fourth point or proposition with which we disagree, especially as she interprets and applies aforementioned vacation provisions of the plat act.
We vote for reversal. No costs, a public question being involved.
KAVANAGH, C.J., and KELLY and SOURIS, JJ., concurred with SMITH, J.
ADAMS, J., took no part in the decision of this case.