HOUSE BILL NO. 6369

November 12, 2020, Introduced by Reps. Yaroch and Steven Johnson and referred to the Committee on Government Operations.

A bill to amend 1909 PA 272, entitled

"An act to authorize the boards of trustees of the townships of this state to acquire and enlarge burying grounds and approaches to burying grounds in their respective townships and to provide the manner of acquiring private property for that purpose,"

by amending section 1 (MCL 128.151), as amended by 1980 PA 380; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 1. (1) The township board of trustees of a township of this state, when it considers it desirable and necessary, may provide new burying ground in the township , or may enlarge the limits of an existing burying ground in the township , and may provide for suitable approaches to the burying ground , or may enlarge the limits of an existing approach to a burying ground in the township. If the board of trustees is unable to agree with the owner or owners of the land or a right in the land which the board desires to include within the limits of the burying ground or approaches to the burying ground, as to the compensation to be paid, the board of trustees may authorize 1 or more of its members to apply to the circuit court judge or district court judge for a jury from the vicinage. The jury shall determine the just compensation to be paid for the real estate acquired by the board of trustees for the burying ground or its approaches, or an enlargement of the burying ground, and the necessity for using the real estate. The application shall be in writing and shall describe the real estate required by the board as accurately as is required in a conveyance of real estate.

(2) For the purposes of subsection (1), the township board may acquire property by any lawful means, including condemnation pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.

Enacting section 1. Sections 2 to 6, 8 to 11, and 14 of 1909 PA 272, MCL 128.152 to 128.156, 128.158 to 128.161, and 128.164, are repealed.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.