February 10, 2009, Introduced by Rep. Lisa Brown and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2131 and 2132 (MCL 324.2131 and 324.2132),
section 2131 as amended by 2006 PA 308 and section 2132 as amended
by 1998 PA 117.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2131. (1) Except as otherwise provided in subsection (2)
or (3), the department may designate as surplus land any state
owned land that is under the control of the department and that has
been dedicated for public use and may, on behalf of the state, sell
that land if the department determines all of the following:
(a) That the sale will not diminish the quality or utility of
other state owned land.
(b) That the sale is not otherwise restricted by law.
(c) That the sale is in the best interests of the state.
(d) That 1 or both of the following conditions are met:
(i) The land has been dedicated for public use for not less
than 5 years immediately preceding its sale and is not needed to
meet a department objective.
(ii) The land is occupied for a private use through inadvertent
trespass.
(2) The department shall not authorize the sale of surplus
land as provided in subsection (1) if the proceeds from the sale of
the land will cause the fund to exceed $2,500,000.00.
(3)
Except as provided in section 74102b, the The department
shall not designate as surplus land any land within a state park or
state recreation area that is subject to section 74102b. Land
within a state park or recreation area that is not subject to
section 74102b may be sold as surplus land only after that land has
first been offered for sale to the municipality in which the land
is located and, if the municipality is not interested in purchasing
the land, to the county in which the land is located. Land sold
under this subsection to a municipality or county shall contain a
deed restriction that the land shall be used only as parkland for a
minimum of 20 years. The sales price of property sold to a
municipality or county under this subsection shall be established
based upon the fair market value of land utilized as parkland.
Sec. 2132. (1) The department may sell surplus land at a price
of not less than its fair market value as determined by an
appraisal.
(2)
The Subject to section
2131 (3), the sale of surplus land
shall be conducted by the department through 1 of the following
methods:
(a) A sealed or oral bid public auction sale.
(b) A negotiated sale.
(3) The sale of surplus land through a sealed or oral bid
public auction sale shall be to the highest bidder. A bid shall not
be accepted for less than the fair market value of the surplus land
as determined by an appraisal.
(4) A notice of the sale of surplus land shall be given as
provided in section 2133.
(5) The proceeds from the sale of surplus land shall be
deposited into the fund.
(6) Surplus land that is sold under this subpart shall be
conveyed
by quitclaim deed approved by the attorney general.