Bill Text: MI SB0149 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Property: conveyances; restricted use of conveyed land to Camp Curnalia Cottage owners association and board members; clarify. Amends land transfer act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-18 - Referred To Committee On Appropriations [SB0149 Detail]
Download: Michigan-2021-SB0149-Introduced.html
SENATE BILL NO. 149
February 18, 2021, Introduced by Senator
BARRETT and referred to the Committee on Appropriations.
A bill to amend 2006 PA 584, entitled
"An act to authorize the department of natural resources to convey certain state owned property in Roscommon county and Crawford county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance,"
by amending sections 1, 3, and 4.
the people of the state of michigan enact:
Sec. 1. The department of natural resources, on behalf of the state, shall convey conveyed to the camp Camp Curnalia cottage owners association, Cottage Owners Association, in Roscommon county, County, for consideration of $154.50, certain parcels of real property under the jurisdiction of the department of natural resources and located in Lyon township Township in Roscommon county, County, Michigan, and Beaver Creek township Township in Crawford county, County, Michigan, as follows:
(a) A parcel of land located in Lyon township, Township, Roscommon county, County, described as:
The entire fractional Section 2 in T24N, R4W, except that part thereof lying easterly of a southerly extension of the north and south 1/4 line of Section 35, T25N, R4W from the south 1/4 corner or said Section 35.
(b) A parcel of land located in Beaver Creek township, Township, Crawford county, County, described as:
S 1/2 of S 1/2 of SE 1/4 of SW 1/4, Section 35, Town 25 North, Range 4 West, and S 1/2 of NE 1/4 of SE 1/4 of SE 1/4 of SW 1/4, Section 35, Town 25 North, Range 4 West, containing 11.25 acres.
Sec. 3. The conveyance restrictions on the use of the property conveyed as authorized by this act shall provide for all of the following:are modified, amended, and clarified as follows:
(a) The property shall must be used by the grantee exclusively for residential ownership of cottages, leaseholds, and allied recreational purposes for the benefit of ex-service personnel, veterans, as that term is defined in section 1 of 1965 PA 190, MCL 35.61, or active duty members of the armed forces, their spouses, and direct lineal descendants in perpetuity, consistent with the purpose prescribed in prior leases executed in this state for the use and occupancy of those lands.
(b) Upon termination of the use described in subdivision (a), use for any other purpose, or a violation of the requirement of section 4, the state may reenter and repossess the property, terminating the grantee's estate in the property.
(c) If the grantee disputes the state's exercise of its right of reentry and fails to promptly deliver possession of the property to the state, the attorney general, on behalf of the state, may bring an action to quiet title to, and regain possession of, the property in accordance with property rights as established by law, including, but not limited to, court order.
Sec. 4. The conveyance authorized under this act shall must require all of the following:
(a) The use and eligibility for ownership of residences and grounds within the property shall must be limited to ex-service personnel, living veterans, or active duty members of the armed forces, their spouses, and direct lineal descendants .in perpetuity as follows:
(i) Original ownership or leasehold of a residence must be by a living veteran or living active duty member of the armed forces. The veteran or active duty member may, however, lease the property or purchase a residence with his or her spouse. A spouse or direct lineal descendant of a veteran or active duty member of the armed forces who is deceased is not eligible to be an original owner or lessee of a residence or property in the Camp Curnalia Cottage Owners Association.
(ii) During the life of the veteran or active duty member, the veteran or active duty member must maintain not less than a 1% ownership in the leasehold or residence. If the veteran or active duty member owns less than 100%, the spouse or direct lineal descendants in perpetuity, or both, or the veteran or active duty member must own the remaining percentage.
(iii) On the death of the veteran or active duty member who is the original owner, the spouse or the direct lineal descendants in perpetuity, or both, may gain ownership of the leasehold or residence in fractions as directed by the veteran or active duty member in a document or documents that satisfy the requirements to make an effective distribution of the veteran or active duty member's property after death under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, or any successor statute.
(iv) If the spouse or direct lineal descendants in perpetuity of a veteran or active duty member, or any combination of spouse and direct lineal descendants in perpetuity, receive a 100% ownership interest in the leasehold or residence under subparagraph (iii), any portion of the ownership interest may only be transferred, whether during the life or on or after the death of the spouse or direct lineal descendant, to another direct lineal descendant of the veteran or active duty member, or as provided in subparagraph (v).
(v) Except as provided in subparagraphs (iii) and (iv), a veteran, active duty member, or spouse or direct lineal descendant in perpetuity of a veteran or active duty member may only transfer an ownership in a leasehold or residence to another living veteran or living active duty member.
(vi) The percentage of the governing board of the Camp Curnalia Cottage Owners Association, or any subsequent owner of the property, that are veterans or active duty members of the armed forces, rounded to the nearest percent, must be not less than 75%, to maintain the integrity of the armed forces service benefit provided under this act and the property's status as a veterans' community. If for any reason the veteran and active duty membership of the governing board of the Camp Curnalia Cottage Owners Association falls below the 75% requirement of this subparagraph, any vote of the governing board, including formal roll call, ballot, or written votes and informal votes, must be adjusted so that the combined votes of the members who are not veterans or active duty members of the armed forces equal 25% of the total vote, and the combined votes of the other members equal 75% of the total vote.
(b) The camp Camp Curnalia cottage owners association Cottage Owners Association or any subsequent owner of the property shall enforce the requirement of subdivision (a).
(c) The camp Camp Curnalia cottage owners association Cottage Owners Association shall not amend its bylaws or rules in a manner that violates the requirement of subdivision (a), or fail to enforce the requirement of subdivision (a).
(d) Any further conveyance by the camp Camp Curnalia cottage owners association Cottage Owners Association of all or any part of the property conveyed under this act, whether by deed, operation of law, or otherwise, shall must be made specifically subject to the requirements of subdivision (a).
