MCL - Section 24.422

Act 101 of 1996

24.422 Definitions.

Sec. 2.

     As used in this act:
    (a) "Constitutional taking" or "taking" means the taking of private property by government action such that compensation to the owner of that property is required by either of the following:
    (i) Amendment V or XIV of the constitution of the United States.
    (ii) Section 23 of article I and section 2 of article X of the state constitution of 1963.
    (b) "Departments" means the departments of natural resources, environmental quality, and transportation.
    (c) "Government action" means any of the following:
    (i) A decision on an application for a permit or license.
    (ii) Proposed rules that if promulgated or enforced may limit the use of private property.
    (iii) Required dedications or exactions of private property.
    (iv) The enforcement of a statute or rule, including the issuance of an order.
    (d) "Government action" does not include any of the following:
    (i) The formal exercise of the power of eminent domain.
    (ii) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law.
    (iii) The discontinuance of government programs.
    (e) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

History: 1996, Act 101, Imd. Eff. Mar. 5, 1996