May 10, 2006, Introduced by Reps. Farrah, Taub, Elsenheimer, Hildenbrand, Stakoe, Amos, Garfield, Leland, Tobocman, Accavitti, Clack, Condino, Clemente, McConico, Hunter and Cheeks and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 2131 (MCL 324.2131), as amended by 2001 PA 174.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2131. (1) Except as otherwise provided in subsection (2)
or (3), the department may designate as surplus land any state
owned land that is under the control of the department and that has
been dedicated for public use and may, on behalf of the state, sell
that land if the department determines all of the following:
(a) That the sale will not diminish the quality or utility of
other state owned land.
(b) That the sale is not otherwise restricted by law.
(c) That the sale is in the best interests of the state.
(d) That 1 or both of the following conditions are met:
(i) The land has been dedicated for public use for not less
than 5 years immediately preceding its sale and is not needed to
meet a department objective.
(ii) The land is occupied for a private use through inadvertent
trespass.
(2) The
Except as otherwise provided
under subsection (3),
the department shall not authorize the sale of surplus land as
provided in subsection (1) if the proceeds from the sale of the
land will cause the fund to exceed $2,500,000.00.
(3) Before offering real property for public sale, the
department shall first offer the property for sale for less than
fair market value to the local units of government in which the
property is located. In order to exercise its right to purchase the
property under this subsection, a local government must enter into
a purchase agreement within 60 days after the date of the offer and
shall complete the purchase within 120 days after the date of the
offer. Except as provided under subsection (4), if a local unit of
government purchases the property and, within 1 year after the date
of that purchase, conveys the property for use other than for
public purposes, the local unit of government shall pay to the
state 50% of the net profit, if any, realized from that conveyance.
(4) A local unit of government may utilize the savings of
property purchased under subsection (3) to create or improve the
overall economic opportunities for the local unit of government and
its residents. Property purchased under this subsection may be used
for nonpublic purposes, and the local unit of government may
proceed either in its own right, in conjunction with a private
entity, or through the sale of the property under the terms and
conditions which comply with the restrictions of this subsection.