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.