March 15, 2016, Introduced by Reps. Kesto, Kelly, Canfield, Brett Roberts, Cole, McBroom, Bumstead, Johnson, Sheppard and Lucido and referred to the Committee on Judiciary.


     A bill to amend 1996 PA 101, entitled


"Property rights preservation act,"


by amending section 2 (MCL 24.422).




     Sec. 2. As used in this act:


     (a) "Constitutional taking" or "taking" means the taking of


private property by government action such that compensation to the


owner of that property is required by either any of the following:


     (i) Amendment V or XIV of the constitution of the United




     (ii) Section 23 of article I and section 2 of article X of the


state constitution of 1963.


     (b) "Departments" means the departments department of natural


resources, the department of environmental quality, the department


of agriculture and rural development, and the state transportation

department. "Department" means 1 of the departments.


     (c) "Government action" means any of the following:


     (i) A decision on an application for a permit or license.


     (ii) Proposed rules that if promulgated or enforced may limit


the use of private property.


     (iii) Required dedications or exactions of private property.


     (iv) The enforcement of a statute or rule, including the


issuance of an order.


     (d) "Government action" does not include any of the following:


     (i) The formal exercise of the power of eminent domain.


     (ii) The forfeiture or seizure of private property by law


enforcement agencies as evidence of a crime or for violations of




     (iii) The discontinuance of government programs.


     (e) "Rule" means a rule promulgated pursuant to the


administrative procedures act of 1969, Act No. 306 of the Public


Acts of 1969, being sections 24.201 to 24.328 of the Michigan


Compiled Laws.1969 PA 306, MCL 24.201 to 24.328.


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.


     Enacting section 2. This amendatory act does not take effect


unless Senate Bill No.____ or House Bill No. 5453 (request no.


05047'16) of the 98th Legislature is enacted into law.