Bill Text: MI HB5322 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Property; condemnation; court costs and attorney fees; impose on agency that fails to review takings assessment guidelines prior to taking. Amends title of 1996 PA 101 (MCL 24.421 - 24.425) & adds sec. 6.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2014-02-18 - Printed Bill Filed 02/14/2014 [HB5322 Detail]

Download: Michigan-2013-HB5322-Introduced.html

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HOUSE BILL No. 5322

 

February 13, 2014, Introduced by Reps. Rendon, MacMaster, Franz, Somerville, Kelly, Yonker and Genetski and referred to the Committee on Judiciary.

 

     A bill to amend 1996 PA 101, entitled

 

"Property rights preservation act,"

 

(MCL 24.421 to 24.425) by amending the title and by adding section

 

6.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to provide for a process of evaluating certain

 

governmental actions that may result in constitutional takings of

 

private property; and to prescribe the powers and duties of certain

 

state agencies and officials; and to provide for remedies.

 

     Sec. 6. If a court determines that government action by a

 

department resulted in a constitutional taking of private real

 

property and that the relevant department did not comply with

 

section 4 in regard to the real property, the court shall order

 

that department to pay the private real property owner for his or

 

her reasonable attorney fees and costs. This section does not apply

 

if the government action was an immediate response to an immediate

 

threat to public health and safety as described in section 5.