April 18, 2007, Introduced by Senator THOMAS and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1978 PA 255, entitled
"Commercial redevelopment act,"
by amending sections 5 and 18 (MCL 207.655 and 207.668), section 5
as amended by 1980 PA 448 and section 18 as amended by 1984 PA 342.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) A local governmental unit, by resolution of its
legislative body, may establish a commercial redevelopment
district, which may consist of 1 or more parcels or tracts of land
or a portion thereof, if at the time of adoption of the resolution
the
property within the district is any 1 or more of the following:
(a) Obsolete commercial property or cleared or vacant land
which is part of an existing, developed commercial or industrial
zone which has been zoned commercial or industrial for 3 years
before June 21, 1978, and the area is or was characterized by
obsolete commercial property and a decline in commercial activity.
(b) Land which has been cleared or is to be cleared as a
result of major fire damage, or cleared or to be cleared as a
blighted
area under Act No. 344 of the Public Acts of 1945, as
amended,
being sections 125.71 to 125.84 of the Michigan Compiled
Laws
1945 PA 344, MCL 125.71 to
125.84.
(c) Cleared or vacant land included within a redevelopment
plan
adopted by a downtown development authority pursuant to Act
No.
197 of the Public Acts of 1975, as amended, being sections
125.1651
to 125.1680 of the Michigan Compiled Laws under 1975 PA
197, MCL 125.1651 to 125.1681, or adopted by an urban redevelopment
corporation
pursuant to Act No. 250 of the Public Acts of 1941, as
amended,
being sections 125.901 to 125.922 of the Michigan Compiled
Laws,
or Act No. 120 of the Public Acts of 1961, being sections
125.981
to 125.986 of the Michigan Compiled Laws under the urban
redevelopment corporations law, 1941 PA 250, MCL 125.901 to
125.922, or 1961 PA 120, MCL 125.981 to 125.990m.
(d) Property which was owned by a local governmental unit on
June 21, 1978, and subsequently conveyed to a private owner and
zoned commercial.
(e) Property located in a city with a population of 700,000 or
more, which was owned by this state on December 31, 2003 and which
was subsequently conveyed to a private owner and zoned commercial.
(2) The legislative body of a local governmental unit may
establish a commercial redevelopment district on its own initiative
or upon a request filed by the owner or owners of 75% of the state
equalized value of the commercial property located within a
proposed district.
(3) Before adopting a resolution establishing a commercial
redevelopment district, the legislative body shall give written
notice by certified mail to the owners of all real property within
the proposed commercial redevelopment district and shall afford an
opportunity for a hearing on the establishment of the commercial
redevelopment district at which any of those owners and any other
resident or taxpayer of the local governmental unit may appear and
be heard. The legislative body shall give public notice of the
hearing not less than 10 nor more than 30 days before the date of
the hearing.
(4) The legislative body of the local governmental unit, in
its resolution establishing a commercial redevelopment district,
shall set forth a finding and determination that the district meets
the requirements set forth in subsection (1).
(5) A commercial redevelopment district established by a
township shall be applicable only within the unincorporated
territory of the township and shall not be applicable within a
village located in that township.
(6) A restored facility included in an area covered by a tax
increment financing plan adopted by a downtown development
authority
created under Act No. 197 of the Public Acts of 1975, as
amended,
shall be 1975 PA 197, MCL
125.1651 to 125.1681, is exempt
from
this act in a city with a population of 1,000,000 700,000 or
more.
(7) Commercial property included as part of a commercial
redevelopment district may also be part of a tax increment district
established under the tax increment finance authority act, 1980 PA
450, MCL 125.1801 to 125.1830.
Sec.
18. (1) A Except
as otherwise provided in subsection (2),
a new exemption shall not be granted under this act after December
31, 1985, but an exemption then in effect shall continue until the
expiration of the exemption certificate.
(2) Not later than July 1, 2008, a local governmental unit
that is a city with a population of 700,000 or more may establish a
commercial redevelopment district and approve a commercial
facilities exemption certificate under this act.