August 3, 2005, Introduced by Rep. Vagnozzi and referred to the Committee on Government Operations.
A bill to amend 1911 PA 149, entitled
"An act to provide for the acquisition by purchase, condemnation
and otherwise by state agencies and public corporations of private
property for the use or benefit of the public, and to define the
terms "public corporations," "state agencies" and "private
property" as used herein,"
by amending section 3 (MCL 213.23).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Any public corporation or state agency is
authorized to take private property necessary for a public
improvement or for the purposes of its incorporation or for public
purposes within the scope of its powers for the use or benefit of
the public and to institute and prosecute proceedings for that
purpose. When funds have been appropriated by the legislature to a
state agency or division thereof or the office of the governor or a
division thereof for the purpose of acquiring lands or property for
a
designated public purpose, such the
unit to which the
appropriation has been made is authorized on behalf of the people
of the state of Michigan to acquire the lands or property either by
purchase, condemnation, or otherwise. For the purpose of
condemnation, the unit may proceed under the provisions of this
act.
(2) A taking of private property under subsection (1) is not
considered to be for the use or benefit of the public if the
property is transferred to a private entity for the primary benefit
of the private entity.