April 14, 2005, Introduced by Reps. Adamini, Brown, Gillard, Casperson, McDowell, Espinoza and Sheltrown and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as
added by 1995 PA 60.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2123. (1) The department may shall
grant an easement
over state owned land under the jurisdiction of the department to
an individual who requests it, but only if all of the following
conditions are met:
(a) The individual does not have other access to the
individual's land.
(b) The easement does not conflict with an existing program or
management plan of the department or a local ordinance.
(c) The roadway for which the easement is granted is open to
public access and is not a roadway for the exclusive use of the
grantee.
(d) The easement provides the logical and most feasible access
to the individual's land.
(e) The width of the roadway is restricted to the minimum
consistent with the quality of the road required.
(f) The individual agrees to construct, if necessary, and
maintain the road.
(g) The individual offers a similar roadway easement to the
department across the land to which the easement is to provide
access.
(2) If a request for an easement is denied under this subpart,
the department shall, in writing, notify the person who requested
the easement of the denial and the reasons for the denial.
Sec.
2124. The Notwithstanding
section 2123, the department
shall not grant an easement over state owned land under the
jurisdiction of the department if any of the following occur:
(a) The proposed easement is over land designated as a
wilderness area, wild area, or natural area under part 351.
(b) The proposed easement is over land in an area closed to
vehicular traffic pursuant to a management plan approved by the
department.
(c) The construction or use of the new or existing roadway
will
result in unnecessary unreasonable damage to or destruction
of the surface, soil, animal life, fish or aquatic life, or
property.