HB-4201, As Passed House, May 25, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 4201

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as

added by 1995 PA 60, and by adding section 2123a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2123. (1) The Subject to section 2124, the department may

grant or otherwise provide for an easement for a roadway over state

owned land under the jurisdiction of the department to an

individual who requests it, but only if all of the following

conditions are met:

     (a) The request is made on a form provided by the department.

(b) (a) The individual does not have other legal access to the

individual's land.

(c) (b) The easement does not conflict with an any of the

following:

     (i) An existing program or management plan of the department.

or a

     (ii) A local ordinance.

(d) (c) The roadway for which the easement is granted is open

to public access and is not a roadway for the exclusive use of the

grantee.

(e) (d) The easement provides the logical and most feasible

access to the individual's land.

(f) (e) The width of the roadway is restricted to the minimum

consistent with the quality of the road required.

(g) (f) The individual agrees to construct, if necessary, and

maintain the road.

(h) (g) The individual offers a similar roadway easement to

the department across the land to which the easement granted by the

department is to provide access. The department shall not accept a

roadway easement under this subdivision if the roadway easement

would end at a body of water.

(2) If the department denies a request for an easement under

this section, the department shall, in writing, notify the

individual who requested the easement of the denial and the reasons

for the denial.

     Sec. 2123a. (1) Subject to section 2124 and notwithstanding

section 2123, the department shall grant or otherwise provide for

an easement for a roadway over state owned land under the

jurisdiction of the department to an individual who requests it,

but only if all of the following conditions are met:

     (a) The request is made on a form provided by the department.

     (b) The individual does not have other legal access to the

individual's land, as confirmed by a policy of title insurance or

the written opinion of an attorney and by the department.

     (c) The easement does not conflict with any of the following:

     (i) With an existing program or management plan of the

department.

     (ii) If the land was acquired using revenue from hunting and

fishing license fees, federal funds from a wildlife or sport fish

restoration program, or other state or federal program funds, with

state or federal laws governing the use of lands acquired through

the respective program.

     (iii) With a local ordinance.

     (d) The easement does not cross an environmentally sensitive

area, including, but not limited to, a wetland as defined in

section 30301 or a critical dune area as defined in section 35301.

     (e) The individual offers a similar roadway easement to the

department across the land to which the easement granted by the

department is to provide access. The department shall not accept a

roadway easement under this subdivision if the roadway easement

would end at a body of water.

     (2) The department may impose conditions on an easement

granted under this section.

     (3) If the department denies a request for an easement under

this section, the department shall, in writing, notify the

individual who requested the easement of the denial and the reasons

for the denial.

     Sec. 2124. The department shall not grant an easement over

state owned land under the jurisdiction of the department if any of

the following occur apply:

     (a) The proposed easement is over land designated as a

wilderness area, wild area, or natural area under part 351.

     (b) The proposed easement is over land in an area closed to

vehicular traffic pursuant to a management plan approved by the

department.

     (c) The construction or use of the new or existing roadway

will result in unnecessary unreasonable damage to or destruction of

the surface, soil, animal life, fish or other aquatic life, or

property.