MACOMB COUNTY CONVEYANCE - H.B. 4547 (H-1): COMMITTEE SUMMARY
House Bill 4547 (Substitute H-1 as passed by the House)
Sponsor: Representative Alan Sanborn
House Committee: Regulatory Reform
Senate Committee: Local, Urban and State Affairs
Date Completed: 5-30-01
CONTENT
The bill would authorize the Department of Natural Resources (DNR) on behalf of the State, to convey for $1 to the Charter Township of Shelby, property under the DNR's jurisdiction and located in Macomb County, as described in the bill, to be used for public park purposes.
The conveyance would have to require the property to be used exclusively for public park purposes, and provide that if any fee, term, or condition for the use of the property were imposed on or waived for the members of the public, resident and nonresident members of the public would be subject to the same fees, terms, conditions, and waivers.
The conveyance also would have to provide that upon termination of that use or use for any other purpose, the State could reenter and repossess the property, terminating the grantee's estate in it. In addition, the conveyance would have to provide that if the grantee disputed the State's right of reentry and did not promptly deliver possession of the property to the State, the Attorney General, on behalf of the State, could bring an action to quiet title to, and regain possession of, the property.
Further, the conveyance would have to require that, within 30 days after its date, a restrictive covenant be filed with the register of deeds for recording. The restrictive covenant would have to specify the land use and/or resource use restrictions that were necessary to protect the public health, safety, or welfare, or the environment, and to assure the effectiveness and integrity of the environmental contamination remedies consistent with Part 201 (Environmental Remediation) of the Natural Resources and Environmental Protection Act and with the Federal Comprehensive Environmental Response Compensation Liability Act (CERCLA). The bill specifies that the form and content of the restrictive covenant would be subject to the approval of the Department of Environmental Quality.
The conveyance would have to be by quitclaim deed approved by the Attorney General and could not reserve mineral rights to the State.
The bill also specifies that it would pertain solely to the conveyance and restricted use of the property described in the bill, and would not alter the obligations, rights, or duties, either substantive or procedural, of any party under any jurisdictional or administrative action that took effect before the bill's effective date.
- Legislative Analyst: N. Nagata
FISCAL IMPACT
The bill would convey the remaining approximately 200 acres of State-owned land in the former Rochester-Utica Recreation Area to the Township of Shelby in Macomb County. Much of the other land in the recreation area was conveyed to various other neighboring local units of government in previous legislation.
Since the bill would require the land to remain for public park purposes, there would be no direct fiscal impact on the State or the local units as a result of the conveyance. The State could realize some savings from no longer maintaining and overseeing the property, while the township would acquire these responsibilities. If the township no longer made the land available for public park purposes, the land would be transferred back to the State.
- Fiscal Analyst: M. HansenS0102\s4547sa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.