Bill Text: MI HB4201 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Natural resources; other; easements across state owned land; revise policy for granting. Amends secs. 2123 & 2124 of 1994 PA 451 (MCL 324.2123 & 324.2124).
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2010-07-21 - Referred To Committee Of The Whole [HB4201 Detail]
Download: Michigan-2009-HB4201-Engrossed.html
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.
