Bill Text: MI HB5455 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Property; condemnation; requirement to evaluate government actions that may result in takings; impose on department of agriculture and rural development. Amends sec. 2 of 1996 PA 101 (MCL 24.422). TIE BAR WITH: HB 5453'16

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2016-03-16 - Bill Electronically Reproduced 03/15/2016 [HB5455 Detail]

Download: Michigan-2015-HB5455-Introduced.html

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HOUSE BILL No. 5455

March 15, 2016, Introduced by Reps. Kesto, Kelly, Canfield, Brett Roberts, Cole, McBroom, Bumstead, Johnson, Sheppard and Lucido and referred to the Committee on Judiciary.

 

     A bill to amend 1996 PA 101, entitled

 

"Property rights preservation act,"

 

by amending section 2 (MCL 24.422).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Constitutional taking" or "taking" means the taking of

 

private property by government action such that compensation to the

 

owner of that property is required by either any of the following:

 

     (i) Amendment V or XIV of the constitution of the United

 

States.

 

     (ii) Section 23 of article I and section 2 of article X of the

 

state constitution of 1963.

 

     (b) "Departments" means the departments department of natural

 

resources, the department of environmental quality, the department

 

of agriculture and rural development, and the state transportation

department. "Department" means 1 of the departments.

 

     (c) "Government action" means any of the following:

 

     (i) A decision on an application for a permit or license.

 

     (ii) Proposed rules that if promulgated or enforced may limit

 

the use of private property.

 

     (iii) Required dedications or exactions of private property.

 

     (iv) The enforcement of a statute or rule, including the

 

issuance of an order.

 

     (d) "Government action" does not include any of the following:

 

     (i) The formal exercise of the power of eminent domain.

 

     (ii) The forfeiture or seizure of private property by law

 

enforcement agencies as evidence of a crime or for violations of

 

law.

 

     (iii) The discontinuance of government programs.

 

     (e) "Rule" means a rule promulgated pursuant to the

 

administrative procedures act of 1969, Act No. 306 of the Public

 

Acts of 1969, being sections 24.201 to 24.328 of the Michigan

 

Compiled Laws.1969 PA 306, MCL 24.201 to 24.328.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5453 (request no.

 

05047'16) of the 98th Legislature is enacted into law.