Act No. 374

Public Acts of 1998

Approved by the Governor

October 20, 1998

Filed with the Secretary of State

October 20, 1998

EFFECTIVE DATE: October 20, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Reps. Rhead, Llewellyn, Green, McNutt and Perricone

ENROLLED HOUSE BILL No. 5887

AN ACT to amend 1982 PA 528, entitled "An act to authorize the department of natural resources to convey certain state owned property in Sanilac county; and to prescribe conditions for the conveyance," by amending the title and sections 2 and 3 and by adding sections 2a and 2b.

The People of the State of Michigan enact:

TITLE

An act to authorize the department of natural resources to convey certain parcels of state owned property in Sanilac county and Chippewa county; and to prescribe conditions for the conveyances.

Sec. 2. The conveyance authorized by section 1 shall provide that the lands conveyed under section 1 shall be used exclusively for county park purposes and that upon termination of this use or upon use for any other purpose, the lands shall revert immediately to the state, with the state assuming no liability for improvements made at county expense.

Sec. 2a. The department of natural resources shall, with the agreement of Sanilac county, amend the restriction and possibility of reverter created under section 2 to provide that the property conveyed shall be used for county park purposes except that Sanilac county may lease or sell to the Huron Sanilac service authority a portion of the property approximately 7 acres in size to allow the Huron Sanilac service authority to build a water treatment facility on that site. Except as expressly provided in this section, the restriction and possibility of reverter created in section 2 remains valid.

Sec. 2b. (1) The department of natural resources, on behalf of the state, may convey to Drummond Island township, for consideration of $1.00, property under the jurisdiction of the department of natural resources and located in Drummond Island township, in Chippewa county, Michigan, and further described as follows:

E 1/2 of SW 1/4 of SW 1/4 of Sect. 20 Town 42 N Range 6 East.

(2) The description of the parcel in this section is approximate and for purposes of the conveyance is subject to adjustment as the department of natural resources or attorney general considers necessary by survey or other legal description.

(3) The conveyance authorized by this section shall provide for both of the following:

(a) That the property shall continue to be used as a public shooting range and that upon termination of that use or use for any other purpose, the state may reenter and repossess the property, terminating the grantee's estate in the property.

(b) That 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.

(4) The revenue received under this section shall be deposited in the state treasury and credited to the general fund.

Sec. 3. The conveyances authorized by this act shall be by quitclaim deed approved by the attorney general, with reservation to the state of all coal, oil, and gas and other minerals found on, within, or under said lands, with rights of ingress or egress for exploration or development, along with any and all aboriginal antiquities.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.