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 Senate, November 9, 2011
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4298
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2123, 2124, and 2126 (MCL 324.2123, 324.2124,
and 324.2126), 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 only if all of the following conditions are met:
(a) The individual applies for the easement 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.be 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).
(2) Effective 30 days after the department receives an
application for an easement, the application shall be considered to
be complete unless the department proceeds as provided under
subsection (3).
(3) If, before the expiration of the 30-day period under
subsection (1), the department notifies the applicant, in writing,
that the request is not complete, specifying the information
necessary to make the request complete, the running of the 30-day
period under subsection (2) is tolled until the applicant submits
to the department the specified information, at which time the
request shall be considered to be complete.
(4) Within 90 days after the application is considered to be
complete, the department shall grant or deny the application for
the easement and notify the applicant in writing. If the department
denies the application, the notice shall set forth 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 if all of the following
conditions are met:
(a) The individual applies for the easement on a form provided
by the department.
(b) The individual does not have other legal access to the
individual's land.
<<(c) The individual seeks access to residential property and access to the residential property was presumed at the time of purchase because of the existence of a road.>>
(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 to be 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).
(2) Effective 30 days after the department receives an
application for an easement, the application shall be considered to
be complete unless the department proceeds as provided under
subsection (3).
(3) If, before the expiration of the 30-day period under
subsection (1), the department notifies the applicant, in writing,
that the request is not complete, specifying the information
necessary to make the request complete, the running of the 30-day
period under subsection (2) is tolled until the applicant submits
to the department the specified information, at which time the
request shall be considered to be complete.
(4) Within 90 days after the application is considered to be
complete, the department shall grant or deny the application for
the easement and notify the applicant in writing. If the department
denies the application, the notice shall set forth the reasons for
the denial.
(5) The department may impose conditions on an easement
granted under this section.
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.
Sec.
2126. Before the department may grant grants an easement
under this subpart, the individual applying for the easement shall
pay charges as required by the department. The charges shall be the
same as those charges required for the granting of an easement
under
Act No. 10 of the Public Acts of 1953, being section 322.651
of
the Michigan Compiled Laws.section
2129.
