December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1944 (1st Ex Sess) PA 52, entitled
"An act to provide for the establishment of and quieting the title
to and the recreating of the public records of lands in counties
where records of title have been destroyed in whole or in any
material part by fire, flood or other major disaster, and to
establish the procedure therefor and to provide an appropriation to
pay certain costs thereof,"
by amending section 2 (MCL 561.2).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. (1) When If
the public records in the office of the
register of deeds of any county have been, or shall hereafter be,
lost or destroyed, in whole or in any material part, by fire,
flood, or
other disaster, the circuit court in chancery for any
such
that county shall have has jurisdiction
and authority to hear
and
determine any suit instituted under the provisions of this act
,
and the rights of the several
parties in said the suit, and it
shall
be is the duty of the prosecuting attorney of such the
county,
when directed by the county board of supervisors
commissioners
of such the county,
to file a bill in chancery on
behalf
of the people of the this state of Michigan and of the
county
to determine and quiet title in and to the lands in such the
county, the defendants in which shall be described as "all persons
having or claiming any interest in or lien upon the real property
herein described, or any part thereof.". The bill of complaint
shall contain an allegation setting forth that all or a material
part of the public records in the office of the register of deeds
of the county have been lost or destroyed by fire, flood, or other
disaster
and the property rights of the this
state, of Michigan,
its political subdivisions, and private citizens have been
imperiled
thereby, ; and
shall describe all real property in said
the
county , affected by said the loss.
Real property in said the
county shall be sufficiently described by giving the name of the
county
and describing the territory included therein in the county
at the time of the destruction of the records by using the same
descriptions set forth in the act or acts of the legislature
organizing
and assigning territory to such the
county , or the
applicable
parts thereof. of the
county. The court shall have has
jurisdiction of all real property affected by the loss or
destruction
of the records of the register of deeds. In case If the
entire records of the office of the register of deeds are not lost
or destroyed, the circuit court shall take judicial notice thereof.
(2) Upon the filing of the bill of complaint, the circuit
court shall enter an order for appearance and fix a time and place
for
hearing. Said The order shall be deemed is sufficient
for the
purposes
of this act , if the
persons ordered to appear are
described as: "All persons having or claiming any interest in or
lien upon the property described in the bill of complaint including
their unknown heirs, devisees, legatees, and assigns, as the case
may be," and setting out the same descriptions of real property as
are contained in the bill of complaint. The court may direct that
the
order for appearance shall include includes additional
descriptions by name or otherwise of territory within the county,
including without describing the several pieces or parcels thereof,
the several townships by name, and sections thereof by number, and
the names of cities and villages and recorded plats and
subdivisions
outside of cities and villages. : Provided, however,
That
However, the inclusion or exclusion of such additional
descriptions shall not affect the jurisdiction of the court or the
validity of any proceeding under this act or any order or decree
made
therein. Such Before
January 1, 2015, the order for
appearance
shall be published for 6 successive weeks at least once each week,
in a newspaper published in the county where the real estate is
located,
if there be is one, ; and if
no a newspaper be is not
published
in such the county, then such the order
for appearance
shall be published in a newspaper published in an adjacent county
and, in every case within 30 days after the first publication of
such
the order for appearance, a true copy shall be posted in
a
conspicuous place on the building in which the circuit court is
sitting. Beginning January 1, 2015, tier A public notice of the
order for appearance shall be provided as set forth in the local
government public notice act. In addition, beginning January 1,
2015, within 30 days after tier A public notice of the order for
appearance is provided, a true copy of the order for appearance
shall be posted in a conspicuous place on the building in which the
circuit
court is sitting. The circuit judge may
order such
additional
publications notices as the court shall deem considers
necessary
to give reasonable notice of the pendency of such the
suit. The court may order that printed copies of the order for
appearance be furnished to the supervisor of each township for
distribution
to the residents thereof of
the township and may order
that
copies thereof of the order
for appearance be posted in
conspicuous places on townhalls, school buildings, post offices,
and other buildings where persons assemble, and that copies be
mailed to all persons within the county having a post office
address
therein, in the county and to each person whose name on any
township treasurer's assessment roll shows an address outside of
said
the county.
(3) After
the expiration of 90 days from the date of said the
order, and
upon proof of the publication provided for in the
foregoing
paragraph, the court on the date
set for hearing or on an
adjourned
date therefor and upon hearing and proof thereof, of
hearing,
shall enter a decree which shall
state states that the
records in the office of the register of deeds have been lost or
destroyed, in whole or in any material part, by fire, flood, or
other disaster and shall authorize the filing of intervening
petitions
as provided in section 5, of this act, and the issuance
of
orders based on testimony introduced under sections 5 and 6 of
this
act determining the interest or
title to particular parcels of
land. The decree shall further provide that all persons entering
appearance
before the issuance of such the
decree shall be served
personally or by registered mail by any petitioner in any
proceedings
hereafter instituted under section 5 of this act
wherein
such that the petitioner shall claim claims an
interest in
or
lien upon the lands described in their appearance. Said The
decree
shall further provide that all such appearances entered
shall be recorded by the register of deeds and a reference to the
book
and page entered upon a map provided for in section 8. of
this
act.
The court is authorized to issue such
further orders as it
shall
deem considers necessary.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.