May 23, 2006, Introduced by Senator THOMAS and referred to the Committee on Judiciary.
A bill to allow civil actions and provide civil remedies for
drug related nuisances; to provide for procedures to be followed in
those civil actions; to prescribe penalties; to grant immunity to
certain persons; to prescribe the powers and duties of certain
state and local governmental officers and agencies; and to create
funds.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "drug
nuisance abatement act".
Sec. 2. As used in this act:
(a) "Community organization" means a partnership, corporation,
association, or other legal entity that has members or shareholders
that are individuals who reside or work in a building, complex of
buildings, street, block, or neighborhood, any part of which is
located on or within 1,000 feet of premises alleged to be a drug
nuisance and whose purpose is to benefit the quality of life in its
neighborhood or community, including a group that provides
treatment programs.
(b) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(c) "Deliver" and "distribute" mean those terms as defined in
section 7105 of the public health code, 1978 PA 368, MCL 333.7105.
(d) "Drug distribution event" means 1 or more of the
following:
(i) The unlawful manufacture or delivery of a controlled
substance.
(ii) Possession with intent to unlawfully manufacture or
deliver a controlled substance.
(iii) An attempt or conspiracy to do an act described in
subparagraph (i) or (ii).
(e) "Drug nuisance" means premises where 1 or more of the
following occurred:
(i) Three or more separate drug distribution events within 1
year before the commencement of the action under this act.
(ii) On 3 or more separate occasions within 1 year immediately
preceding the commencement of the action under this act, 2 or more
persons who did not reside on the premises gathered for the
principal purpose of unlawfully ingesting, injecting, inhaling, or
otherwise using a controlled substance, whether or not the
controlled substance was unlawfully distributed or purchased at the
location.
(iii) Any amount of controlled substance was manufactured, more
than 50 marihuana plants were at any 1 time grown or cultivated, or
any controlled substance in an amount of 1 kilogram or more was at
1 time unlawfully stored, warehoused, concealed, or otherwise kept.
(iv) The premises were used or are being used in any way in
furtherance of or to promote or facilitate the commission of a drug
distribution event.
(f) "Manufacture" and "marihuana" mean those terms as defined
in section 7106 of the public health code, 1978 PA 368, MCL
333.7106.
(g) "Owner" means a person vested with the ownership of and
title to property, and who is the owner of record.
(h) "Person" means an individual, corporation, association,
partnership, trustee, lessee, agent, assignee, enterprise,
governmental entity, or any other legal entity or group of
individuals associated in fact that is capable of holding a legal
or beneficial interest in property.
(i) "Rehabilitation fund" means the nuisance abatement and
neighborhood rehabilitation fund created in section 16.
(j) "Residents fund" means the treatment for displaced
residents fund created in section 16.
Sec. 3. (1) A civil action may be brought in the circuit court
to enjoin drug distribution events, to close and physically secure
premises or portions of premises that are drug nuisances, to abate
drug nuisances, and to impose civil fines.
(2) Except as otherwise provided in this act, the plaintiff in
an action brought under this section has the burden of proving its
case by a preponderance of the evidence.
Sec. 4. (1) An action under section 3 may be brought by any of
the following:
(a) The municipal or corporation counsel for a municipality or
county in which the alleged drug nuisance is located.
(b) The attorney general or the prosecutor for the county in
which the alleged drug nuisance is located.
(c) A community organization.
(d) An individual who resides on or within 1,000 feet of an
alleged drug nuisance.
(e) An individual who owns, operates, or is employed full-time
or part-time at a business located on or within 1,000 feet of an
alleged drug nuisance.
(2) An action under section 3 shall be brought against the
owner and may also be brought against an individual who is a
landlord, tenant, manager, operator, or supervisor of the alleged
drug nuisance. In addition, the court has in rem jurisdiction over
the alleged drug nuisance, and the alleged drug nuisance shall be
named as a defendant in the action, named by block, lot number, and
street address, or by other appropriate means.
(3) A person is not required to post a bond or security as a
condition of initiating or prosecuting an action under section 3.
(4) A register of deeds shall promptly provide without charge
to an individual who completes an affidavit stating that the
affiant is preparing to initiate an action under section 3 the name
and address of each current owner of the alleged drug nuisance as
contained in the records of the register of deeds. The office of
the register of deeds shall be reimbursed for the cost of providing
this information from the rehabilitation fund.
(5) A person who the records of the register of deeds show
owns a drug nuisance is presumed to be an owner of the premises.
(6) Evidence that an individual was the manager, operator,
supervisor, or in any other way in charge of the premises involved
at the time of the conduct alleged to have made the premises a drug
nuisance raises a rebuttable presumption that he or she was an
agent or employee of the owner, landlord, or lessee of the
premises.
Sec. 5. (1) A complaint initiating an action under section 3
shall be personally served on each defendant. After filing an
affidavit that, despite the exercise of due diligence, personal
service cannot be completed on a defendant within 20 days after
filing the complaint, the plaintiff may serve the defendant by
sending a copy of the complaint to the defendant by certified mail,
restricted delivery, return receipt requested, and by attaching a
copy of the complaint in a conspicuous place at the alleged drug
nuisance. Service is complete 5 days after filing with the court
proof that the complaint was mailed and an affidavit stating that a
copy of the complaint was attached to the premises.
(2) A tenant or resident of premises that are used in whole or
in part as a business, home, residence, or dwelling, other than a
transient guest of a guest house, hotel, or motel, who may be
affected by an order issued in an action under section 3 shall be
provided reasonable notice as ordered by the court and shall be
afforded an opportunity to be heard at all hearings.
(3) A notice lis pendens shall be filed concurrently with the
commencement of an action under section 3 in the office of the
register of deeds.
Sec. 6. If a court determines in its discretion that the
plaintiff bringing an action under section 3 has failed to
prosecute the matter with reasonable diligence, the court may
substitute as plaintiff a consenting person if that person would
have been authorized under section 4 to initiate the action.
Sec. 7. (1) A court shall hear an action for injunctive relief
or a civil fine under section 3 on an expedited basis.
(2) A court shall not grant a continuance in an action
described in subsection (1) except for compelling and extraordinary
reasons, or on the application of a prosecuting agency for good
cause shown.
(3) The court shall not stay an action described in subsection
(1) pending the disposition of a related criminal proceeding except
for compelling and extraordinary reasons or on application of a
prosecuting attorney for good cause shown.
(4) A court shall not dismiss an action under section 3 for
lack of progress unless the court is clearly convinced that the
interests of justice require a dismissal. If the court determines
that a dismissal is necessary, the dismissal shall be without
prejudice to the right of the plaintiff or any other person
authorized to bring an action under section 3 to reinstitute the
action.
Sec. 8. (1) The plaintiff in an action for injunctive relief
under section 3 may request preliminary injunctive relief. Upon
receipt of a complaint requesting preliminary injunctive relief,
the court shall order that a preliminary hearing be held not later
than 30 days after the date of the order. Plaintiff shall serve the
owners of the premises as provided in section 5 not less than 5
days before the hearing. If service cannot be completed in time to
give the owners the minimum notice required by this subsection, the
court may set a new hearing date.
(2) The court shall issue a preliminary order to close the
premises involved or an appropriate portion of the premises if all
of the following circumstances exist:
(a) The premises are a drug nuisance.
(b) Not less than 30 days before the filing of the complaint
seeking preliminary injunctive relief, the owner or the owner's
agent was notified by certified letter of the drug nuisance.
(c) The public health, safety, or welfare immediately requires
a preliminary closing order.
(3) The preliminary closing order shall direct actions
necessary to physically secure the premises, or an appropriate
portion of the premises, against use for any purpose. The
preliminary closing order shall also restrain the defendant and all
persons from removing or interfering with fixtures and movable
property located on the premises.
(4) If the court finds that the premises are a drug nuisance
but that immediate closing of the premises is not required under
subsection (2), the court may enjoin the drug nuisance and issue an
order restraining the defendants and all other persons from
conducting, maintaining, aiding, abetting, or permitting drug
distribution events at the drug nuisance. The court may issue an
order appointing a temporary receiver to manage or operate the
premises. A temporary receiver has the powers and duties listed in
section 14(1)(f).
(5) In determining whether the public health, safety, or
welfare requires the immediate entry of a preliminary closing
order, the court shall consider any relevant evidence presented
concerning any attendant circumstances, including, but not limited
to, whether the drug distribution events or related activities
involved the use or threat of violence at or near the drug
nuisance, and whether the drug distribution events involved
distribution or sale of a controlled substance by or to a minor.
Sec. 9. (1) Upon order of the court, a preliminary restraining
order or a preliminary closing order issued under section 8 shall
be enforced by the sheriff of the county or by the police
department of the municipality where the drug nuisance is located.
(2) An officer who serves a preliminary closing order or a
preliminary restraining order issued under section 8 shall file
with the court an inventory of the personal property on the closed
premises and may enter the premises to make the inventory. The
inventory shall provide an accurate representation of the personal
property including, but not limited to, photographs of furniture,
fixtures, and other personal or movable property.
(3) An officer serving a preliminary closing order issued
under section 8 shall demand that all people present on the closed
premises vacate the premises or a portion of the premises
immediately unless the court orders otherwise. The premises or
portion of the premises shall be securely locked and all keys shall
be held by the law enforcement agency closing the premises.
(4) When a preliminary closing order or a preliminary
restraining order issued under section 8 is served, an officer
shall post a copy of the closing or restraining order in a
conspicuous place or on 1 or more of the principal doors at
entrances of the premises. In addition, if a preliminary closing
order has been granted, an officer shall attach, in a conspicuous
place or on 1 or more of the principal entrances of the premises, a
printed notice that contains all of the following:
(a) A statement that the entire premises or portion of the
premises, as appropriate, is closed by court order.
(b) The legend "closed by court order" in block lettering of
sufficient size to be observed by an individual attempting to enter
the premises.
(c) The date of the order, the court that issued the order,
and the name of the law enforcement agency posting the notice.
(d) A statement that certain activity is prohibited by court
order, if applicable, and that removal of fixtures or movable
property is prohibited by court order.
(5) An individual who without lawful authority mutilates or
removes an order or notice posted in accordance with subsection (4)
is guilty of a misdemeanor.
Sec. 10. (1) An officer serving a preliminary closing order
under section 9 shall provide outreach information and referral
materials on how to obtain alcohol and other drug rehabilitation
treatment to all residents of the premises who are present.
(2) Not less than 10 days before the removal of an individual
from premises under this act, the court shall provide notice of the
removal to local alcohol and other drug counseling or treatment
agencies, the local child welfare agency, and other appropriate
social service agencies.
(3) A 1-page summary of the information and materials
specified in subsection (1) shall be posted next to a preliminary
closing order or preliminary restraining order posted in accordance
with section 9.
(4) The department of community health or its designee shall
prepare the materials described in subsection (1) and shall
disseminate them to all sheriffs' departments and local police
departments that may enforce closing orders under this act.
Sec. 11. If the premises that are a drug nuisance include
multiple residences, dwellings, or business establishments, a
preliminary or permanent closing order issued under this act shall,
so far as is practicable, be limited to that portion of the entire
premises necessary to abate the nuisance and prevent the recurrence
of drug distribution events.
Sec. 12. In addition to other relief expressly authorized by
this act, the court may order a defendant who knew or had reason to
know of the drug nuisance to provide relocation assistance to a
tenant ordered to vacate premises under this act, if the court
determines that the tenant was not involved in a drug distribution
event that made the premises a drug nuisance and did not knowingly
aid the commission of the drug distribution event. Relocation
assistance shall be in the amount necessary to cover moving costs,
security deposits for utilities and comparable housing, rent that
was prepaid and has not been refunded, and other expenses that the
court determines are fair and reasonable to provide to the tenant
as a result of the order to vacate.
Sec. 13. (1) At any time before trial, on application by a
defendant and after notice to the plaintiff, a court may vacate or
modify a closing order issued under this act if the defendant does
all of the following:
(a) Shows by clear and convincing evidence that he or she was
not involved in the commission of a drug distribution event that
made the premises a drug nuisance.
(b) Provides a bond in an amount equal to the assessed value,
for property tax purposes, of the premises or portion of the
premises subject to the closing order, or an amount fixed by the
court that the court determines will adequately protect the public
safety or welfare.
(c) Submits clear and convincing proof to the court that the
drug nuisance has been satisfactorily abated and will not recur. In
determining whether the drug nuisance has been satisfactorily
abated and will not recur, the court shall consider the nature,
severity, and duration of the drug nuisance and other relevant
factors including, but not limited to, all of the following:
(i) Whether the defendant through the exercise of reasonable
diligence should have known that drug distribution events were
occurring on the premises, and whether the defendant took necessary
and appropriate steps to prevent the commission of the drug
distribution events.
(ii) Whether the defendant in good faith initiated an eviction
or removal action against tenants or other persons who committed
drug distribution events on the premises, immediately upon learning
of a factual basis for initiating an eviction or removal action.
(iii) Whether the defendant has developed an abatement plan that
has been agreed to by the plaintiff and that has been approved by
the court. An abatement plan may include 1 or more of the
following:
(A) Hiring an on-site manager to prevent the recurrence of
drug distribution events.
(B) Making capital improvements to the property, such as
installing security gates.
(C) Installing improved interior or exterior lighting.
(D) Employing security guards.
(E) Installing electronic security or visual monitoring
systems.
(F) Establishing tenant-approved security procedures.
(G) Attending property management training programs.
(H) Making cosmetic improvements to the property.
(I) Providing, at no cost, suitable space and facilities for a
local law enforcement agency to establish a police substation or
mini-station on or near the drug nuisance.
(J) Establishing a program designed to enhance security and
prevent the recurrence of drug distribution events on or near the
drug nuisance.
(2) If the court accepts a bond under subsection (1)(b) and
conduct that makes the premises a drug nuisance recurs, the bond is
forfeited unless the court finds compelling and extraordinary
reasons why forfeiture is not in the interests of justice. Money
forfeited under this section shall be paid into the rehabilitation
fund.
Sec. 14. (1) If the court finds after trial that premises are
a drug nuisance, the court shall grant permanent injunctive relief
and shall issue the necessary order to abate the drug nuisance and
prevent to the extent reasonably possible the recurrence of the
drug nuisance. The court's order may include, but need not be
limited to, provisions doing all of the following:
(a) Directing the sheriff or other appropriate agency to seize
from the premises all material, equipment, and instrumentalities
used in the creation and maintenance of the drug nuisance and to
sell the property seized. The net proceeds of the sale, after the
deduction of all lawful expenses, shall be paid into the
rehabilitation fund and the residents fund.
(b) Authorizing the plaintiff to make repairs, renovations, or
structural alterations or to take other actions necessary to bring
the premises into compliance with all applicable housing, building,
fire, zoning, health, and safety codes, ordinances, rules,
regulations, or statutes. Expenditures may be filed as a lien
against the property.
(c) Directing the closing of the premises, or an appropriate
portion of the premises, to the extent necessary to abate the
nuisance, and directing the officer or agency enforcing the closure
order to post a copy of the order and a printed notice that meets
the requirements of section 9(4). The closing shall be for the
period of time determined by the court, but not more than 1 year
from the posting of the order.
(d) Suspending or revoking a business, professional,
operational, or liquor license.
(e) Ordering the suspension of a state, city, or local
governmental subsidy payable to the owners of the property, such as
tenant assistance payments to landlords, until the nuisance is
satisfactorily abated.
(f) Appointing a temporary receiver to manage or operate the
premises for as long as the court determines is necessary to abate
the nuisance. A receiver appointed under this section has the
powers and duties ordered by the court, which may include, but are
not limited to, all of the following:
(i) Collecting, holding, and disbursing rent due from tenants.
(ii) Leasing or renting portions of the premises involved.
(iii) Making or authorizing other persons to make necessary
repairs to or to maintain the premises.
(iv) Hiring security or other personnel necessary for the safe
and proper operation of the premises.
(v) Retaining counsel to prosecute or defend suits arising
from the receiver's management of the premises.
(vi) Expending money from the collected rent in furtherance of
the receiver's powers.
(2) A receiver appointed by the court under this section or
section 8 shall be sworn to and shall affirm that he or she will
faithfully and fairly discharge the trust committed to him or her.
To ensure that the receiver faithfully discharges his or her
duties, the court making the appointment may require the receiver
to post a bond in an amount fixed by the court.
Sec. 15. (1) If the court determines after trial that premises
are a drug nuisance, the court shall order the closure of the
premises or an appropriate portion of the premises as provided in
section 14, unless the court is clearly convinced that the vacancy
resulting from the closure would exacerbate rather than abate the
drug nuisance or would be extraordinarily harmful to the community
or the public interest.
(2) The court may, at any time after trial, vacate the
provision of the judgment that directed the closing of the premises
or any portion of the premises if the defendant submits clear and
convincing proof to the court that the drug nuisance has been
satisfactorily abated and is not likely to recur. In determining
whether the drug nuisance has been satisfactorily abated and is not
likely to recur, the court shall consider the nature, severity, and
duration of the drug nuisance and all other relevant factors,
including, but not limited to, the factors contained in section
13(1)(c).
Sec. 16. (1) The nuisance abatement and neighborhood
rehabilitation fund is created within the state treasury. The state
treasurer shall pay into the rehabilitation fund money appropriated
and made available by the state on an annual basis for the purpose
of funding local drug nuisance abatement, drug prevention,
education, and housing and neighborhood rehabilitation programs.
(2) The treatment for displaced residents fund is created
within the state treasury. The state treasurer shall pay into the
residents fund money appropriated and made available by the state
for the purpose of providing drug and alcohol rehabilitation
treatment to residents who have been displaced by action under this
act. The residents fund shall be administered by the department of
community health or its designee.
(3) The funds created in this section shall not be used to
supplant existing municipal, county, state, or federal resources
for the courts, nuisance abatement, drug prevention, education,
housing and neighborhood rehabilitation, or treatment programs.
(4) The state treasurer may receive money or other assets for
deposit into the rehabilitation fund or residents fund. The state
treasurer shall direct the investment of the funds. The state
treasurer shall credit to the funds interest and earnings from fund
investments.
(5) At the close of the fiscal year, money in the
rehabilitation fund or the residents fund shall remain in the fund
and shall not lapse to the general fund.
Sec. 17. (1) If the court determines after trial that premises
are a drug nuisance, the court shall impose a civil fine against a
defendant who knowingly conducted, maintained, aided, abetted, or
permitted the drug nuisance. The court shall impose a fine of
$25,000.00 or the market value of the entire premises involved,
whichever amount is greater. If the court finds, based on the
evidence, that imposing the fine would constitute a miscarriage of
justice under the totality of the circumstances, the court may
lower the fine amount to the extent necessary to avoid a
miscarriage of justice.
(2) Either of the following is prima facie evidence that a
defendant knowingly permitted the drug nuisance as required to
impose a civil fine under subsection (1):
(a) The defendant failed to initiate an eviction action
against a tenant after being notified by certified or registered
mail that the tenant committed drug distribution events on the
premises.
(b) Within 2 years before the occurrence of the drug nuisance
that is the subject of the action, a closure order was vacated
under section 15.
(3) The court shall waive, suspend, or revoke an unpaid civil
fine imposed under this section if the court is satisfied that both
of the following are true:
(a) The defendant against whom the fine was imposed has not
violated an order issued under this act.
(b) The defendant has transferred title to the premises to the
plaintiff or a community organization approved by the court that is
a nonprofit incorporated organization or association exempt from
taxation under 26 USC 501(c)(3), and that is authorized by its
corporate charter or bylaws to rehabilitate, restore, maintain,
manage, or operate commercial or residential premises. Unless
otherwise agreed to by the recipient organization, the defendant
shall personally retain all state and local tax liability
associated with the premises, and this obligation attaches to any
other real property owned by the defendant that is located in the
same county as the premises.
(4) A civil fine imposed under this section shall be collected
by the court and distributed as follows:
(a) Ten percent of the fine collected shall be retained by the
court to offset the costs of collection.
(b) Forty-five percent of the fine collected shall be
deposited in the rehabilitation fund.
(c) Forty-five percent of the fine collected shall be
deposited in the residents fund.
Sec. 18. (1) At any time before or after trial, the parties to
an action under section 3 may negotiate and agree to a fair
settlement of the dispute, subject to the approval of the court.
(2) On application of a plaintiff, the court may vacate a
closing order if the defendant has transferred title to the
premises to the plaintiff or a community organization approved by
the court that is a nonprofit incorporated organization or
association exempt from taxation under 26 USC 501(c)(3), and that
is authorized by its corporate charter or bylaws to rehabilitate,
restore, maintain, manage, or operate commercial or residential
premises. If the title is transferred in accordance with this
subsection, the requirements for prerelease inspection contained in
section 21 do not apply.
Sec. 19. Whenever an action for injunctive relief or penalties
brought under section 3 terminates in a settlement or judgment
favorable to the plaintiff, the plaintiff is entitled to recover
the actual cost of the suit, including, but not limited to,
reasonable attorney fees and all expenses and disbursements
incurred by the plaintiff and any governmental entity in
investigating, bringing, maintaining, and enforcing the action and
related court orders. All defendants are jointly and severally
liable for the payment of costs imposed under this section.
Sec. 20. A judgment awarding money in connection with a
permanent injunction under section 14 is a lien on the premises
declared to be a drug nuisance. A judgment against a defendant
imposing a civil fine under section 17 or costs under section 19 is
a lien on the real estate owned by the defendant at the time the
fine was imposed and on real estate the defendant subsequently
acquires. A lien under this section is valid for a period of 10
years after the date of the judgment.
Sec. 21. (1) Subject to section 18 and unless the court
expressly orders otherwise, premises or a portion of premises
closed under this act shall not be released or opened unless
inspected and found to be in compliance with applicable local or
state housing, building, fire, zoning, health, and safety codes,
ordinances, rules, regulations, or statutes. If the inspection
reveals a violation of a code, ordinance, rule, regulation, or
statute, the court shall issue an order or grant relief that is
necessary to bring the premises or a portion of the premises into
compliance. The court may order that the premises or a portion of
the premises remain closed pending the completion of the necessary
repair or modification, even if the order of closure would then
exceed the 1-year time limit under section 14.
(2) The court may authorize a person or government official to
enter premises or a portion of premises closed under this act to
inspect or make a repair or modification necessary to abate the
nuisance or to bring the premises or a portion of the premises into
compliance with an applicable housing, building, fire, zoning,
health, or safety code, ordinance, rule, regulation, or statute.
Sec. 22. A cause of action or remedy authorized by this act is
in addition to any other cause of action or remedy available under
law.
Sec. 23. (1) In an action brought under this act, all relevant
evidence, including evidence of the use or threat of violence,
evidence of reputation in a community, and prior efforts or lack of
efforts by the defendant to abate the drug nuisance, is admissible
to prove the existence of a drug nuisance.
(2) If a criminal prosecution or adjudication proceeding
involving a drug distribution event that is alleged to have made a
premises a drug nuisance results in a criminal conviction or
adjudication of delinquency, the conviction or adjudication creates
a rebuttable presumption in an action brought under this act that
the drug distribution event occurred. Evidence or testimony
admitted in the criminal or juvenile proceedings, including
transcripts or a court reporter's notes of the transcripts of the
adult or juvenile criminal proceedings, whether or not they have
been transcribed, may be admitted in the civil action brought under
this act.
(3) Notwithstanding any other provision of this act, if the
hearing of a criminal proceeding that did not result in an
adjudication of delinquency was closed in accordance with section
17 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.17, the court in a civil action brought under this act may
order the evidence or records to be opened if the court finds that
the evidence or records are relevant to the fair disposition of the
civil action.
(4) If proof of the existence of a drug nuisance depends, in
whole or in part, on an affidavit or testimony of a witness who is
not a peace officer, the court may, on a showing of a prior threat
of violence or act of violence by a defendant or another person,
issue an order to protect that witness, including, but not limited
to, the nondisclosure of the name, address, or other information
that may identify the witness.
(5) A law enforcement agency may make a police report, edited
portion of a police report, forensic laboratory report, or edited
portion of a forensic laboratory report concerning drug
distribution events committed on the premises available to a
plaintiff in an action under this act. A law enforcement agency may
also make an officer available to testify as a fact or expert
witness in an action under this act. The agency shall not disclose
this information if, in the agency's opinion, disclosure would
jeopardize an investigation, prosecution, or other proceeding or if
disclosure would violate a federal or state statute.
Sec. 24. An action may be brought under this act, and the
court may find that a drug nuisance exists, even if a drug
distribution event used to establish the existence of the drug
nuisance has not resulted in an arrest, prosecution, conviction, or
adjudication of delinquency.
Sec. 25. (1) A court-ordered closing of premises or a portion
of premises under this act does not constitute an act of
possession, ownership, or control by the court, the plaintiff, or a
government official or entity responsible for enforcing the court
order.
(2) A person bringing, maintaining, or enforcing an action or
order issued in accordance with this act is immune from civil
liability that might be incurred for theft of, loss of, damage to,
or injury to premises determined to be a drug nuisance or a fixture
or movable property located at the premises.
Sec. 26. A person who, in good faith, institutes, participates
in, or testifies in, encourages another to institute, participate
in, or testify in, or provides information relied upon by a person
in instituting or participating in an action under this act is
immune from civil liability arising from those acts.
Sec. 27. (1) A person whose business or property has been
damaged by a drug nuisance may bring a separate civil action for
actual damages in the circuit court against a person who knowingly
conducted, maintained, aided, abetted, or permitted a drug
distribution event that made a premises a drug nuisance.
(2) In an action for damages under this section, the failure
of an owner or landlord to initiate an eviction action against a
tenant if the owner or landlord was notified by a person who is
authorized to bring an action under this act by certified or
registered mail of the tenant's drug distribution events committed
on the leased premises, is prima facie evidence that the owner
knowingly gave permission to engage in conduct constituting the
drug nuisance.
(3) In an action for damages under this section, expert
testimony may be used to determine the amount of actual damage or
loss incurred because of the drug nuisance.
(4) If an action for damages under this section terminates in
a settlement or judgment favorable to the plaintiff, the plaintiff
is entitled to recover the actual cost of the suit, including, but
not limited to, reasonable attorney fees and all expenses and
disbursements incurred by the plaintiff in investigating, bringing,
and maintaining the action. All defendants are jointly and
severally liable for payment of costs imposed under this section.
(5) In an action for damages under this section, evidence
admitted or admissible in a civil action for injunctive relief or
to impose a civil fine under this act is admissible.
Sec. 28. If title to property is transferred to a neighborhood
or community organization as provided in section 17 or in a
negotiated settlement of an action under this act, and subject to
the approval of the court in which the action was initiated, the
property may be used to house an alcohol or other drug prevention,
education, or intervention program, or licensed alcohol or other
drug counseling, treatment, or rehabilitation program. The property
is not exempt from the requirements of an applicable zoning, fire,
safety, or health code, ordinance, rule, regulation, or statute.