December 3, 2003, Introduced by Senator BISHOP and referred to the Committee on Appropriations.
A bill to amend 1998 PA 492, entitled
"An act to authorize the state administrative board to convey
certain parcels of state owned property in Oakland county and
Genesee county; to provide for certain powers and duties of the
department of management and budget and certain municipalities in
regard to that property; to prescribe conditions for the
conveyances; and to provide for disposition of the revenue
derived from the conveyances; and to alter certain use
restrictions,"
by amending section 3.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. (1) The state administrative board, on behalf of
2 the state, may convey for consideration of not less than fair
3 market value as determined pursuant to subsection (2), or for
4 less than fair market value subject to subsections (5) and (6),
5 all or a portion of property now under the jurisdiction of the
6 department of community health and located in the city of
7 Pontiac, Oakland county, Michigan, commonly known as the Clinton
8 Valley Center, Fairlawn center campus, and further described as
1 follows:
2 A parcel of land in the NW 1/4 of section 30, T3N, R10E, City of
3 Pontiac, Oakland County, Michigan and more particularly described
4 as commencing at the northwest corner of said section 30; thence
5 S00º00'00"W 2482.90 feet; thence S90º00'00"E 1396.89 feet, to the
6 point of beginning of this description on the northerly right of
7 way line of Elizabeth Lake Road; thence N00º13'24"W 1264.98 feet;
8 thence N89º15'33"W 887.40 feet; thence N00º13'24"W 1200.00 feet;
9 thence S89º15'33"E 953.02 feet; thence S00º13'24"E 2451.81 feet,
10 to the northerly right of way line of Elizabeth Lake Road; thence
11 S79º21'30"W 66.71 feet, on said right of way to the point of
12 beginning, containing 28.15 acres.
13 (2) The fair market value of the property described in
14 subsection (1) shall be determined by an appraisal prepared by
15 the state tax commission or an independent fee appraiser.
16 (3) The description of the property in subsection (1) is
17 approximate and for purposes of the conveyance is subject to
18 adjustments as the state administrative board or the attorney
19 general considers necessary by survey or other legal
20 description.
21 (4) The director of management and budget first shall offer
22 the property described in this section for sale to the school
23 district of the city of Pontiac. The school district of the city
24 of Pontiac has the first right of refusal for a period of 120
25 days after the effective date of the 2003 amendatory act that
26 amended this section. If the school district of the city of
27 Pontiac purchases the property and, within 3 years after the date
1 of that purchase, conveys the property for any purpose other than
2 public education, the school district of the city of Pontiac
3 shall pay to the state 50% of the net profit, if any, realized
4 from that conveyance. If the school district of the city of
5 Pontiac does not purchase the property, the director of
6 management and budget shall offer the property for sale on the
7 open market for fair market value or by broker contract.
8 (5) If the property described in subsection (1) is not sold
9 pursuant to subsection (4) and fails to sell at a public sale for
10 fair market value, the director of management and budget with the
11 concurrence of the state administrative board may do any of the
12 following:
13 (a) Order a reappraisal of the property.
14 (b) Withdraw the property from sale.
15 (c) Offer the property for sale for less than fair market
16 value.
17 (6) Any A
conveyance of the property described in this
18 section for less than fair market value shall provide for both of
19 the following:
20 (a) That the property shall be used exclusively for public
21 purposes and if any fee, term, or condition is imposed on members
22 of the public for recreational use of the conveyed property, all
23 resident and nonresident members of the public shall be subject
24 to the same fees, terms, and conditions, except that the grantee
25 may waive daily fees or waive fees for the use of specific areas
26 or facilities; and that upon termination of that use or use for
27 any other purpose, the state may reenter and repossess the
1 property, terminating the grantee's estate in the property.
2 (b) That if the grantee disputes the state's exercise of its
3 rights of reentry and fails to promptly deliver possession of the
4 property to the state, the attorney general, on behalf of the
5 state, may bring an action to quiet title to, and regain
6 possession of, the property.
7 (7) The conveyance authorized by this section shall be by
8 quitclaim deed approved by the attorney general. The conveyance
9 shall not reserve the mineral rights to the state; however, the
10 conveyance shall provide that if the grantee derives any revenue
11 from the development of any minerals found on, within, or under
12 the conveyed property, the grantee shall pay 1/2 of that revenue
13 to the state, for deposit in the state general fund.