Bill Text: MI SB0960 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Local government: other; process to vacate certain deed restrictions; provide for. Creates new act.
Sponsorship: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced) 2026-05-19 - Referred To Committee On Local Government [SB0960 Detail]
Download: Michigan-2025-SB0960-Introduced.html
SENATE BILL NO. 960
A bill to authorize the governing body of a local government to remove certain private restrictions or covenants on commercial property; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "dark store prevention act".
(a) "Commercial property" means commercial real property used for commercial purposes, including wholesale, retail, or service. Commercial property does not include properties in an area zoned for industrial use.
(b) "Local government" means a city, village, or township.
(c) "Private restriction or covenant" means a requirement, provision, or statement in a deed, lease, or contract that restrains or limits the use of a property or requires a use of a property.
Sec. 3. (1) The governing body of a local government may file a complaint to bring an action to remove a private restriction or covenant from a commercial property within that local government's jurisdiction if all of the following conditions apply:
(a) The commercial property is in an area zoned for retail use.
(b) A building or structure on the commercial property has been vacant for at least 2 years.
(c) The governing body of the local government holds at least 1 public hearing regarding the proposed removal of the private restriction or covenant from the commercial property.
(d) The commercial property is blighted property. As used in this subdivision, "blighted property" means that term as defined in section 2 of 1945 PA 344, MCL 125.72.
(2) To remove a private restriction or covenant from a commercial property that meets all of the conditions described in subsection (1), the governing body of the local government must file a complaint to bring an action in the circuit court of the county in which the commercial property is located. An action under this section must be brought as an in rem, declaratory judgment action and the title of the action must be the description of the commercial property. The governing body of the local government and the commercial property owner are necessary parties to the action.
(3) In an action brought under this section, the governing body of a county may intervene as a plaintiff if the commercial property is located within the jurisdiction of the county.
(4) In an action brought under this section, if the court finds that any provision of the deed or instrument of the commercial property contains a private restriction or covenant and the commercial property meets all of the conditions described in subsection (1), the court shall enter an order striking the private restriction or covenant from the records of the register of deeds and eliminating the private restriction or covenant from the deed or other instrument for the commercial property described in the complaint.
Sec. 4. A register of deeds is entitled to the fees under section 2567 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2567, for recording a document, deed, or other instrument prepared and recorded under this act.
