Bill Text: MI SB0409 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Natural resources; Great Lakes; use of certain bottomlands for private harbors; provide for. Amends secs. 32505 & 32511 of 1994 PA 451 (MCL 324.32505 & 324.32511).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-02-14 - Assigned Pa 0018'18 With Immediate Effect [SB0409 Detail]

Download: Michigan-2017-SB0409-Engrossed.html

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SB-0409, As Passed Senate, September 6, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 409

 

 

May 30, 2017, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 32505 and 32511 (MCL 324.32505 and 324.32511),

 

as added by 1995 PA 59.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32505. (1) If the department determines that it is in the

 

public interest to grant an applicant a deed or lease to such lands

 

or enter into an agreement to permit allow use and improvements in

 

the waters or to enter into any other agreement in regard thereto,

 

the department shall determine the amount of consideration to be

 

paid to the this state by the applicant for the conveyance or lease

 

of unpatented lands.

 

     (2) The department may permit, allow, by lease or agreement,

the filling in of patented and unpatented submerged lands and

 

permit allow permanent improvements and structures after finding

 

that the public trust will not be impaired or substantially

 

injured.

 

     (3) The department may issue deeds or may enter into leases of

 

unpatented lands if the unpatented lands applied for lands have

 

been artificially filled in or are proposed to be changed from the

 

condition that exists on October 14, 1955 by filling, sheet piling,

 

shoring, or by any other means, and such the lands are used or to

 

be used or occupied in whole or in part for uses other than

 

existing, lawful riparian or littoral purposes. The consideration

 

to be paid to the this state for the conveyance or lease of

 

unpatented lands by the applicant shall be not less than the fair,

 

cash market value of the lands determined as of the date of the

 

filing of the application, minus any improvements placed on the

 

lands, but the sale price shall not be less than 30% of the value

 

of the land. In determining the fair, cash market value of the

 

lands applied for, the department may give due consideration to

 

consider the fact that the lands are connected with the riparian or

 

littoral property belonging to the applicant, and to the uses,

 

including residential and commercial, being made or which can be

 

made of the lands.

 

     (4) Agreements for the lands or water area described in

 

section 32502 may be granted to or entered into with local units of

 

government for public purposes. and containing those The agreements

 

may contain terms and conditions that may be considered just and

 

equitable in view of given the public trust involved and may

include the granting of grant permission to make such fills as may

 

be fill those lands as necessary.

 

     (5) If the unpatented lands applied for have not been filled

 

in or in any way substantially changed from their natural character

 

at the time the application is filed with the department, and the

 

application to acquire or lease those lands is filed for the

 

purpose of flood control, shore erosion control, drainage and

 

sanitation control, or to straighten irregular shore lines, then

 

the consideration to be paid to the this state by the applicant

 

shall be the fair, cash value of such the land, giving due

 

consideration to its being adjacent to and connected with the

 

riparian or littoral property owned by the applicant.

 

     (6) Leases or agreements covering unpatented lands may be

 

granted or entered into with riparian or littoral proprietors for

 

commercial marina purposes or for marinas operated by persons for

 

consideration and containing terms and conditions that are

 

considered by the department to be just and equitable. The leases

 

may include either filled or unfilled lake bottomlands, or both.

 

Rental shall commence as of the date of use of the unpatented lands

 

for the marina operations. Dockage and other uses by marinas in

 

waters over patented lands on October 14, 1955 shall be considered

 

to be lawful riparian or littoral use.

 

     (7) The department may enter into a lease with the owner of

 

riparian or littoral property, occupied only for single-family

 

residential purposes, to use the abutting unpatented lake

 

bottomlands and waters over those bottomlands for a private harbor

 

if all of the following conditions are met:

     (a) The private harbor was formed by a breakwater erected on

 

unpatented lake bottomlands.

 

     (b) The private harbor is used exclusively for private,

 

noncommercial recreational watercraft.

 

     (c) The full term of the lease is 50 years consisting of two

 

25-year terms.

 

     (d) The consideration for the lease is as follows:

 

     (i) For a lease entered into on or after the effective date of

 

the amendatory act that amended this section, a lump-sum payment at

 

the beginning of the first 25-year term of the agreement of 1% of

 

the current state equalized value of the lessee's upland riparian

 

or littoral property or payment of the lump sum pursuant to a

 

schedule as agreed by the department, and a lump-sum payment at the

 

beginning of the second 25-year term of the agreement of 1% of the

 

current state equalized value of the lessee's upland riparian or

 

littoral property or payment of the lump sum pursuant to a schedule

 

as agreed by the department.

 

     (ii) Unless otherwise requested by the lessee and agreed to by

 

the department, for a lease entered into prior to the effective

 

date of the amendatory act that amended this section, the

 

department shall credit any lease payment made in 2016 against the

 

future payments owed under the terms of subparagraph (i).

 

     (8) (7) If the department after investigation determines that

 

an applicant to acquire or lease lands has willfully and knowingly

 

filled in or in any way substantially changed the lands applied for

 

with an intent to defraud, or if the applicant has acquired such

 

the lands with knowledge of such a fraudulent intent and is not an

innocent purchaser, the sale price consideration shall be the fair,

 

cash market value of the land or leasehold. An applicant may

 

request a hearing of a determination made under this subsection.

 

The department shall grant a hearing if requested.

 

     Sec. 32511. A riparian owner may apply to the department for a

 

certificate suitable for recording indicating the location of his

 

or her lakeward boundary or indicating that the land involved has

 

accreted to his or her property as a result of natural accretions

 

or placement of a lawful, permanent structure. The application

 

shall must be accompanied by a fee of $200.00 and proof of upland

 

ownership.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.