HOUSE BILL No. 5872


     June 6, 2000, Introduced by Reps. Gosselin, Green, Julian, Tabor, Kowall, Bradstreet, DeRossett, Stamas, Neumann, Kuipers,
Shackleton, Voorhees, Garcia, Kukuk, Vear and Ehardt and referred to the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding section 30311a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 30311A.  (1) THE DEPARTMENT SHALL NOT CONDITION THE

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      ISSUANCE OF A PERMIT UNDER THIS PART UPON THE APPLICANT OR

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      ANOTHER PERSON GRANTING A CONSERVATION EASEMENT ON LAND THAT IS

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      NOT SUBJECT TO THE PERMIT.

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           (2) IF A COURT DETERMINES THAT THE DEPARTMENT, AFTER THE

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      EFFECTIVE DATE OF THIS SECTION, CONDITIONED THE ISSUANCE OF THE

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      PERMIT UPON THE GRANTING OF A CONSERVATION EASEMENT IN VIOLATION

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      OF SUBSECTION (1), THE DEPARTMENT SHALL PAY TO THE PERSON WHO

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      GRANTED THE CONSERVATION EASEMENT THE FAIR MARKET VALUE OF THE

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      CONSERVATION EASEMENT.




   06561'00                                                 JCB