Bill Text: MI HB5284 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Property; conveyances; transfer of certain state-owned property in Saginaw County; provide for. Creates land transfer act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-02-14 - Assigned Pa 26'18 With Immediate Effect [HB5284 Detail]
Download: Michigan-2017-HB5284-Introduced.html
HOUSE BILL No. 5284
November 29, 2017, Introduced by Rep. Guerra and referred to the Committee on Appropriations.
A bill to authorize the department of technology, management,
and budget to convey state-owned property in Saginaw County; to
prescribe conditions for the conveyance; to provide for powers and
duties of state departments, agencies, and officers in regard to
the property; and to provide for disposition of revenue derived
from the conveyance.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) After this state acquires the property, the
department of technology, management, and budget, on behalf of this
state, shall convey by quitclaim deed real property located in the
city of Saginaw, Saginaw County, described as follows:
The East 1/2 of vacated North Baum Street from the North line of
East Genesee Avenue to the center line of Tuscola Street.
(2) The description of the property in subsection (1) is
approximate and, for purposes of a conveyance under this act, may
be adjusted as the department of technology, management, and budget
or the department of attorney general considers necessary because
of a survey or another legal description.
(3) The department of technology, management, and budget shall
convey the real property described in subsection (1) to the city of
Saginaw for the sum of $1.00, subject to the following conditions:
(a) The city of Saginaw shall convey the property for $1.00 to
Delta College, to be used exclusively for public use, subject to
subsection (10). If a fee, term, or condition is imposed on members
of the public for use of the property, or if such a fee, term, or
condition is waived, all members of the public who are residents of
this state must be subject to the same fees, terms, conditions, and
waivers. The public use restriction must be included in the deed
from this state to the city of Saginaw and in the deed from the
city of Saginaw to Delta College.
(b) If the city of Saginaw for any reason does not convey the
property to Delta College under subdivision (a) by September 30,
2018, title to the property automatically reverts to this state.
(c) If Delta College intends to convey the property, Delta
College must first offer the property for sale, in writing, to this
state, which may purchase the property at the original sale price.
Delta College shall provide this state 120 days to consider
reacquiring the property. If this state agrees to reacquire the
property, this state is not liable to any person for improvements
to or liens placed on the property. If this state declines to
reacquire the property, the public use restrictions described in
subdivision (a) remain in effect.
(d) The department of technology, management, and budget may
require the city of Saginaw to reimburse this state at closing for
costs demonstrably incurred by this state that were necessary to
prepare the property for conveyance.
(4) A deed authorized by this section must be approved as to
legal form by the department of attorney general.
(5) Real property conveyed under this section includes all
surplus, salvage, and personal property or equipment remaining on
the property on the date of the conveyance.
(6) This state shall not reserve oil, gas, or mineral rights
to property conveyed under this section. However, the conveyance
authorized under this act must provide that, if the grantee or any
successor develops any oil, gas, or minerals found on, within, or
under the conveyed property, the grantee or any successor must pay
this state 1/2 of the gross revenue generated from the development
of the oil, gas, or minerals. A payment under this subsection must
be deposited in the general fund.
(7) A conveyance under this section must reserve to this state
all aboriginal antiquities, including mounds, earthworks, forts,
burial and village sites, mines, or other relics lying on, within,
or under the property, with power to this state and all others
acting under its authority to enter the property for any purpose
related to exploring, excavating, and taking away the aboriginal
antiquities.
(8) The department of technology, management, and budget may
require a grantee of property conveyed under this section to record
the instrument of conveyance with the appropriate register of deeds
and provide the department of technology, management, and budget
with a recorded copy of the recorded instrument.
(9) The department of technology, management, and budget shall
deposit the net revenue received from the sale of property under
this section in the state treasury. The state treasurer shall
credit the money deposited to the general fund.
(10) If property conveyed under this section is used in a
manner that violates any of the restrictions imposed under
subsection (3), (6), or (7), this state may reenter and take the
property, terminating the grantee's or any successor's estate in
the property. An action to regain possession of the property under
this section may be brought and maintained by the attorney general
on behalf of this state.
(11) If this state reenters and repossesses property under
subsection (10), this state is not liable to reimburse any person
for any improvements made on the property or to compensate any
person for any part of an unfulfilled contract or license issued to
provide goods or services on or for the property.
(12) As used in this section:
(a) "Net revenue" means the proceeds from the sale of the
property less reimbursement for any costs to this state associated
with the sale, including, but not limited to, administrative costs,
including employee wages, salaries, and benefits; costs of reports
and studies and other materials necessary to the preparation of
sale; environmental remediation; legal fees; and any litigation
costs related to the conveyance.
(b) "Public use" means, subject to subdivision (d), actual use
of the property by members of the public or actual use by the unit
of local government for any of the following:
(i) Publicly owned and operated correctional facilities.
(ii) Law enforcement purposes.
(iii) Emergency management response purposes.
(iv) Public educational use.
(v) Public transportation.
(vi) Public parks and recreational areas.
(vii) Public health uses.
(viii) Wildlife conservation or restoration.
(c) "Public use" does not include use by a for-profit
enterprise or any use that is closed to the public.
