Bill Text: MI HB4298 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Natural resources; other; easements across state-owned land; revise policy for granting. Amends secs. 2123, 2124 & 2126 of 1994 PA 451 (MCL 324.2123 et seq.) & adds sec. 2123a.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-12-28 - Assigned Pa 323'11 With Immediate Effect [HB4298 Detail]
Download: Michigan-2011-HB4298-Engrossed.html
HB-4298, As Passed House, June 30, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4298
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 sections 2123a and 2124, the
department may grant or otherwise provide for an easement for a
road 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 as described in an
existing
plan of the department. or
a
(ii) A local ordinance.
(d) (c)
The roadway road 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 road
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 road easement
to the department to provide public access to state-owned land
across
the individual's land to which the easement is to provide
access.granted by the department, where applicable.
The department
shall not accept a road easement under this subdivision if the road
easement would end at a body of water.
(i) The individual does all of the following:
(i) Pays the cost of a survey.
(ii) Pays the department the fair market value of the easement.
The fair market value of the easement granted by the department
shall be offset by the fair market value of any easement granted to
the department under subdivision (h).
(iii) Pays all costs incurred by the department in granting the
easement, including the costs of public notice and department
review.
(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 road 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.
(c) The easement does not conflict with any of the following:
(i) With an existing program or management as described in an
existing 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 road easement to the
department to provide public access to state-owned land across the
individual's land to which the easement is granted by the
department, where applicable. The department shall not accept a
road easement under this subdivision if the road easement would end
at a body of water.
(f) The individual does all of the following:
(i) Pays the cost of a survey.
(ii) Pays to the department the fair market value of the
easement. The fair market value of the easement granted by the
department shall be offset by the fair market value of any easement
granted to the department under subdivision (e).
(iii) Pays to the department all costs incurred by the
department in granting the easement, including the costs of public
notice and department review.
(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 as described in an
existing
plan approved by of the
department.
(c)
The construction or use of the new or existing roadway
road
will result in unnecessary unreasonable damage to or
destruction of the surface, soil, animal life, fish or other
aquatic life, or property.
