March 2, 2006, Introduced by Reps. Lemmons, III, Drolet, Jones, Gosselin, Tobocman, Stahl, Brandenburg, Baxter, Elsenheimer, Rocca, Mortimer, Huizenga, Lipsey and Acciavatti and referred to the Committee on Government Operations.
A bill to amend 1980 PA 87, entitled
"The uniform condemnation procedures act,"
by amending section 8 (MCL 213.58), as amended by 1996 PA 474.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) Except as provided in subsections (2) and (3), if
a motion for review under section 6 is not filed or is denied and
the right to appeal has terminated or if interim possession is
granted under section 9, the court shall order the escrowee to pay
the money deposited under section 5 for or on account of the just
compensation that may be awarded under section 13. Except as
provided in subsections (2) and (3), if a motion for review under
section 6 is not filed, the court shall, within 30 days, order the
escrowee to pay the money deposited under section 5 for or on
account of the just compensation that may be awarded under section
13. Upon the motion of any party, the court shall apportion the
estimated compensation among the claimants to the compensation.
(2) If
Except as provided in
subsection (5), if the agency
reserves its rights to bring a state or federal cost recovery claim
against an owner, under circumstances that the court considers
just, the court may allow any portion of the money deposited under
section 5 to remain in escrow as security for remediation costs of
environmental contamination on the condemned parcel. An agency
shall present an affidavit and environmental report establishing
that the funds placed on deposit under section 5 are likely to be
required to remediate the property. The amount in escrow shall not
exceed the likely costs of remediation if the property were used
for its highest and best use. This subsection does not limit or
expand an owner's or agency's rights to bring federal or state cost
recovery claims.
(3) Notwithstanding any order entered by the court requiring
money deposited pursuant to section 5 to remain in escrow for the
payment of estimated remediation costs of contaminated property,
the funds in escrow, plus interest subject to section 15, shall be
released among the claimants to the just compensation under
circumstances that the court considers just, including any of the
following circumstances:
(a) The court finds that the applicable statutory requirements
for remediation have changed and the amount remaining in escrow is
no longer required in full or in part to remediate the alleged
environmental contamination.
(b) The court finds that the anticipated need for the
remediation of the alleged environmental contamination is not
required or is not required to the extent of the funds remaining on
deposit.
(c) If the remediation of the property is not initiated by the
agency within 2 years of surrender of possession pursuant to
section 9 and the agency is unable to show good cause for delay.
(d) The costs actually expended for remediation are less than
the estimated costs of remediation or less than the amount of money
remaining in escrow.
(e) A court issues an order of apportionment of remediation
responsibility.
(4) If the court orders the agency to reverse its election
under section 6a(1), the court shall order the escrowee to pay the
amount of the revised good faith written offer for or on account of
the just compensation that may be awarded pursuant to section 13,
and to pay the balance of the escrow to the agency. If the agency
seeks possession before the court decides whether to reverse the
agency's election or before submitting a revised good faith offer,
the agency may request that the court order a portion of the escrow
withheld in anticipation of a reduction in the revised good faith
offer, with the balance to be paid by the escrowee for or on
account of the just compensation that may be awarded pursuant to
section 13. If the court denies the request to reverse the agency's
election or when the revised good faith offer is submitted, the
court shall order the escrowee to pay any unpaid portion of it for
or on account of the owner and to pay any balance to the agency.
(5) Subsections (2) and (3) do not apply to money deposited
under section 5 in escrow for the payment of just compensation for
a property that is a residential dwelling.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5821(request no.
05069'05).
(b) Senate Bill No.____ or House Bill No. 5817(request no.
05070'05).
(c) Senate Bill No.____ or House Bill No. 5818(request no.
06017'06).
(d) Senate Bill No.____ or House Bill No. 5819(request no.
06018'06).