August 31, 2005, Introduced by Rep. Brown and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 52706 (MCL 324.52706), as amended by 2004 PA
377.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 52706. (1) The department, the department of treasury, or
other
a state officer having charge of state land, may sell
homestead, tax, swamp, or primary school land to a public agency
for forestry purposes, at a price set by the department,
department of treasury, or other state officer. However, the
amount of land sold shall not exceed the amount that may be
necessary for the public agency, and any land that is sold shall
be suitable for and used solely for a forestry purpose unless
conveyed as provided in this section. Prime land sold to a public
agency under this section shall be used only for a forestry
purpose. When the prime land is no longer used for a forestry
purpose, the land shall revert to this state.
(2) Except as provided in subsection (5), the department shall
not retain a reversionary interest in municipal forestland conveyed
to
a public agency under this section before the
effective date
of
the amendatory act that added this subsection October 12, 2004.
The department shall relinquish any such reversionary interest
within
3 years after the effective date of the amendatory act that
added
this subsection by October
12, 2007 or within 90 days after
the department receives a written request for relinquishment from
the public agency that owns the municipal forestland subject to the
reversionary interest, whichever is earlier. The department shall
relinquish its reversionary interest by an instrument approved by
the department of attorney general and recorded with the register
of deeds of the county where the municipal forestland is located.
The instrument shall include provisions implementing subsection
(3).
(3)
Beginning 4 years after the effective date of the
amendatory
act that added this subsection October
12, 2008, a
public agency to which a reversionary interest was relinquished
under subsection (2) shall not convey the municipal forestland
formerly subject to the reversionary interest unless the conveyance
is approved by the department.
(4) A public agency to which a reversionary interest was
relinquished under subsection (2) shall not convey the municipal
forestland formerly subject to the reversionary interest for less
than fair market value. If a public agency to which a reversionary
interest was relinquished under subsection (2) conveys the
municipal forestland formerly subject to the reversionary interest,
the public agency shall distribute the proceeds of the conveyance
as follows:
(a) Except as provided in subdivision (b), 50% of the proceeds
shall be retained by that public agency and the remaining 50% of
the proceeds shall be submitted to the department of treasury for
deposit as follows:
(i) The first $18,000,000.00 in total proceeds from all such
conveyances shall be deposited in the general fund.
(ii) Any proceeds in excess of $18,000,000.00 shall be
deposited in the fire protection fund created in section 732a of
the Michigan vehicle code, 1949 PA 300, MCL 257.732a.
(b) If the municipal forestland is conveyed to another public
agency, all of the proceeds shall be retained by the public agency
conveying the municipal forestland.
(5) Subsection (2) does not apply to prime land.
(6) A public agency to which a reversionary interest is
relinquished under subsection (2) shall not convey the municipal
forestland formerly subject to the reversionary interest to a third
person unless the public agency has conducted a public hearing on
the proposed conveyance. The public agency may conduct a second
public hearing on the proposed conveyance if the public agency
determines that a second public hearing may be necessary. Notice of
a public hearing under this subsection shall be published at least
twice in a newspaper of general circulation in the county or
counties where the municipal forestland is located, not more than
28 or less than 7 days before the hearing. The notice shall
describe where the municipal forestland is located, specify the
approximate size of the municipal forestland, describe its current
use, and identify the person to whom the municipal forestland is
proposed to be sold, if known.
(7) The requirements of subsection (6) do not relieve the
public agency of any notice, hearing, or other requirements imposed
by any other law.
(8)
If, before 4 years after the effective date of the
amendatory
act that added this subsection October
12, 2008,
municipal forestland formerly subject to a reversionary interest
that was relinquished under subsection (2) is conveyed by the
public agency to which the reversionary interest was relinquished
under subsection (2), the public agency shall notify the department
within 60 days of the conveyance. Notice of the conveyance shall be
in a form prescribed by the department.
(9) If municipal forestland was conveyed to a public agency
under
this section and the municipal forestland is subsequently
conveyed by the public agency to the department, then, for purposes
of subparts 13 and 14 of part 21, the municipal forestland shall
not be considered to have been reacquired by the department on or
after January 1, 1933 for natural resource purposes unless the
municipal forestland was originally acquired by the department on
or after January 1, 1933 for natural resource purposes.
(10) As used in this section:
(a) "Municipal forestland" means homestead, tax, swamp, or
primary school land sold by the department, the department of
treasury, or a state officer having charge of state land to a
public
agency under this section solely for a forestry purpose.
(b) "Prime land" means land that meets 1 or more of the
following requirements:
(i) Is within a boundary of a program administered by the
department.
(ii) Provides access to a public body of water.
(iii) Is not less than 80 acres in size and, at any time during
the preceding 10 years, had a basal area of not less than 90 square
feet per acre.
(c) "Public agency" means a school district, public
educational institution, governmental unit of this state or agency
of this state, or a municipality.