Bill Text: MI HB6046 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Highways: other; recovery of land or public ground; modify. Amends sec. 5821 of 1961 PA 236 (MCL 600.5821).
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Introduced) 2026-06-09 - Bill Electronically Reproduced 06/04/2026 [HB6046 Detail]
Download: Michigan-2025-HB6046-Introduced.html
HOUSE BILL NO. 6046
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5821 (MCL 600.5821), as amended by 2016 PA 52.
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, but not limited to, an action to quiet title, and that includes 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, regardless of whether that municipal corporation, political subdivision of this state, or county road commission is a plaintiff or defendant in the action, and regardless of the legal theory asserted:
(a) The periods of limitations under this act.
(b) Laches.
(c) A claim for adverse possession, acquiescence for the statutory period, common law abandonment, 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.
(5) In any action involving the recovery or the possession of land claimed by a highway authority to be a public highway, including, but not limited to, an action to quiet title over that land, there is a presumption that the land was properly dedicated and accepted as a public highway not less than 4 rods in width if the highway authority has designated the land as a public highway in the highway authority's official records for any period of not less than 10 consecutive years. The burden of overcoming the presumption is on the party challenging the existence or location of the public highway, regardless of whether that party is a plaintiff or defendant in the action, and regardless of the legal theory asserted.
