Bill Text: MI HB4747 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Property; other; adverse possession; prohibit against local units of government. Amends sec. 5821 of 1961 PA 236 (MCL 600.5821).
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2016-03-23 - Assigned Pa 52'16 With Immediate Effect [HB4747 Detail]
Download: Michigan-2015-HB4747-Chaptered.html
Act No. 52
Public Acts of 2016
Approved by the Governor
March 22, 2016
Filed with the Secretary of State
March 22, 2016
EFFECTIVE DATE: June 20, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Reps. Hughes, Heise, Sheppard, Howrylak, Lucido, Kesto, Runestad, Chatfield, Webber and Cole
ENROLLED HOUSE BILL No. 4747
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35.
The People of the State of Michigan enact:
Sec. 5821. (1) An action for the recovery of any land to which this state is a party is not subject to the periods of limitations, or laches. However, a person who could have asserted claim to title by adverse possession for more than 15 years is entitled to seek any other equitable relief in an action to determine title to the land.
(2) In an action involving the recovery or the possession of land, including a public highway, street, alley, easement, or other public ground, a municipal corporation, political subdivision of this state, or county road commission is not subject to any of the following:
(a) The periods of limitations under this act.
(b) Laches.
(c) A claim for adverse possession, acquiescence for the statutory period, or a prescriptive easement.
(3) The periods of limitations prescribed for personal actions apply equally to personal actions brought in the name of the people of this state, in the name of any officer of this state, or otherwise for the benefit of this state, subject to the exceptions contained in subsection (4).
(4) Actions brought in the name of this state, the people of this state, or any political subdivision of this state, or in the name of any officer or otherwise for the benefit of this state or a political subdivision of this state for the recovery of the cost of maintenance, care, and treatment of persons in hospitals, homes, schools, and other state institutions are not subject to the statute of limitations and may be brought at any time without limitation, notwithstanding any contrary provisions of a statute.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
