February 5, 2009, Introduced by Reps. Lindberg, Roberts, McDowell, Sheltrown, Terry Brown, Polidori, Lahti and Ball and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2123. (1) The Subject
to section 2124, the department may
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) (a)
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.
(c) (b)
The easement does not conflict with an existing
program or management plan of the department or 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
under this subdivision a roadway easement that would end at a body
of water.
(2) A document by which the department grants an easement
under subsection (1) may provide that the parcel that is benefited
by the easement shall not be partitioned or split into 1 or more
parcels that are less than 40 acres in size.
(3) If a request for an easement is denied under this subpart,
the department shall, in writing, notify the person 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.