HOUSE BILL NO. 6433

November 12, 2020, Introduced by Reps. Meerman and Steven Johnson and referred to the Committee on Government Operations.

A bill to amend 1944 (1st Ex Sess) PA 52, entitled

"An act to provide for the establishment of and quieting the title to and the recreating of the public records of lands in counties where records of title have been destroyed in whole or in any material part by fire, flood or other major disaster, and to establish the procedure therefor and to provide an appropriation to pay certain costs thereof,"

by amending section 2 (MCL 561.2).

the people of the state of michigan enact:

Sec. 2. (1) When If the public records in the office of the register of deeds of any county have been, or shall hereafter be, lost or destroyed, in whole or in any material part, by fire, flood, or other disaster, the circuit court in chancery for any such that county shall have has jurisdiction and authority to hear and determine any suit instituted under the provisions of this act , and the rights of the several parties in said the suit, and it shall be is the duty of the prosecuting attorney of such the county, when directed by the county board of supervisors commissioners of such the county, to file a bill in chancery on behalf of the people of the this state of Michigan and of the county to determine and quiet title in and to the lands in such the county, the defendants in which shall must be described as "all persons having or claiming any interest in or lien upon the real property herein described, or any part thereof.". The bill of complaint shall must contain an allegation setting forth that all or a material part of the public records in the office of the register of deeds of the county have been lost or destroyed by fire, flood, or other disaster and the property rights of the this state, of Michigan, its political subdivisions, and private citizens have been imperiled thereby, ; and shall must describe all real property in said the county , affected by said the loss. Real property in said the county shall must be sufficiently described by giving the name of the county and describing the territory included therein in the county at the time of the destruction of the records by using the same descriptions set forth in the act or acts of the legislature organizing and assigning territory to such the county , or the applicable parts thereof. of the county. The court shall have has jurisdiction of all real property affected by the loss or destruction of the records of the register of deeds. In case If the entire records of the office of the register of deeds are not lost or destroyed, the circuit court shall take judicial notice thereof.

(2) Upon the filing of the bill of complaint, the circuit court shall enter an order for appearance and fix a time and place for hearing. Said The order shall be deemed is sufficient for the purposes of this act , if the persons ordered to appear are described as: "All persons having or claiming any interest in or lien upon the property described in the bill of complaint including their unknown heirs, devisees, legatees, and assigns, as the case may be," and setting out the same descriptions of real property as are contained in the bill of complaint. The court may direct that the order for appearance shall include includes additional descriptions by name or otherwise of territory within the county, including without describing the several pieces or parcels thereof, the several townships by name, and sections thereof by number, and the names of cities and villages and recorded plats and subdivisions outside of cities and villages. : Provided, however, That However, the inclusion or exclusion of such additional descriptions shall does not affect the jurisdiction of the court or the validity of any proceeding under this act or any order or decree made therein. Such Before January 1, 2022, the order for appearance shall must be published for 6 successive weeks at least once each week, in a newspaper published in the county where the real estate is located, if there be is one, ; and if no a newspaper be is not published in such the county, then such the order for appearance shall must be published in a newspaper published in an adjacent county and, in every case within 30 days after the first publication of such the order for appearance, a true copy shall must be posted in a conspicuous place on the building in which the circuit court is sitting. Beginning January 1, 2022, public notice of the order for appearance must be posted as set forth in the local government public notice act. In addition, beginning January 1, 2022, within 30 days after public notice of the order for appearance is posted, a true copy of the order for appearance must be posted in a conspicuous place on the building in which the circuit court is sitting. The circuit judge may order such additional publications notices as the court shall deem considers necessary to give reasonable notice of the pendency of such the suit. The court may order that printed copies of the order for appearance be furnished to the supervisor of each township for distribution to the residents thereof of the township and may order that copies thereof of the order for appearance be posted in conspicuous places on townhalls, school buildings, post offices, and other buildings where persons assemble, and that copies be mailed to all persons within the county having a post office address therein, in the county and to each person whose name on any township treasurer's assessment roll shows an address outside of said the county.

(3) After the expiration of 90 days from the date of said the order, and upon proof of the publication provided for in the foregoing paragraph, the court on the date set for hearing or on an adjourned date therefor and upon hearing and proof thereof, of hearing, shall enter a decree which shall state states that the records in the office of the register of deeds have been lost or destroyed, in whole or in any material part, by fire, flood, or other disaster and shall authorize the filing of intervening petitions as provided in section 5, of this act, and the issuance of orders based on testimony introduced under sections 5 and 6 of this act determining the interest or title to particular parcels of land. The decree shall must further provide that all persons entering appearance before the issuance of such the decree shall must be served personally or by registered mail by any petitioner in any proceedings hereafter instituted under section 5 of this act wherein such that the petitioner shall claim claims an interest in or lien upon the lands described in their appearance. Said The decree shall must further provide that all such appearances entered shall must be recorded by the register of deeds and a reference to the book and page entered upon a map provided for in section 8. of this act. The court is authorized to issue such further orders as it shall deem considers necessary.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.