Bill Text: MI HB6426 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Highways: other; public notice requirement for discontinuation, abandonment, vacation, or alteration of a highway bordering a lake or stream; revise to require notice as provided in the local government public notice act. Amends sec. 3 of 1927 PA 341 (MCL 247.43).
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6426 Detail]
Download: Michigan-2019-HB6426-Introduced.html
HOUSE BILL NO. 6426
November 12, 2020, Introduced by Reps. Coleman,
Bolden and Steven Johnson and referred to the Committee on Government
Operations.
A bill to amend 1927 PA 341, entitled
"An act to prevent the abandonment, discontinuation, vacation, or alteration of the course of any public highway which borders upon, or is adjacent to any lake, or to the general course of any stream, or the course of any portion of such a highway, or bordering upon a lake or general course of any stream, by the public authorities of any village or city, until after the approval thereof by the circuit court of the county in which said highway is situated; to provide for a notice of application for that purpose, and a method of hearing in such court, and the method for review of orders made thereon; and to prescribe powers and duties of certain state agencies,"
by amending section 3 (MCL 247.43), as amended by 1996 PA 217.
the people of the state of michigan enact:
Sec. 3. Upon the filing of an application required by under section 2, the presiding circuit judge shall schedule a hearing on the application not later than 60 days from after the date the application is filed. Notice Before January 1, 2022, notice of the application and the time of hearing on the application shall must be published once each week for 3 successive weeks, in a newspaper printed and circulated in the county, unless an affidavit is filed in the case stating that no such a newspaper is published not printed and circulated in the county. Beginning January 1, 2022, notice of the application and the time of hearing on the application must be posted as provided in the local government public notice act, and a copy of the notice must be sent by first-class mail as provided in this section. The notice shall must contain an accurate description of the highway described in the application and a brief recital of the reasons for its abandonment, discontinuance, vacation, or alteration. A Before January 1, 2022, a copy of the notice shall must also be posted in 3 of the most public places in the city or village in which the highway is situated, at least 20 days before the date of the hearing on the application. A copy of the notice shall must be sent by first-class mail to the owners of record title of each parcel of land located within 300 feet of the highway described in the application and to those persons of record claiming under those owners at their local address and the address appearing on the assessment roll, if different, and to the chief executive officer of the city or village in which the highway is situated, the state transportation department, the department of natural resources, and, if applicable, the township in which the highway is situated at least 30 days before the date fixed for the hearing on the application. The department of natural resources and, if applicable, the township shall review the application to determine whether the property should be retained as an ingress and egress point. Proof by affidavit of the required publication , and mailing, and before January 1, 2022, posting , and mailing shall must be filed with the court before the date of hearing.
Enacting section 1. 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.
