December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1871 PA 164, entitled
"An act to provide for vacating cemetery plats and cemetery grounds
in the limits of incorporated cities and villages,"
by amending section 2 (MCL 128.42).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. That such petition shall be made in behalf of said
trustees
or common council by an attorney or agent appointed by
them
for that purpose, who shall file a petition signed and sworn
to
by him in the office of the register of said court for the
proper
county, which petition shall set forth his authority as
attorney
or agent, the particular reasons for making and filing
such
petition and a distinct description of the premises on which
such
cemetery is located, which petition shall be filed as
aforesaid
30 days previous to the first day of the term for which
such
petition shall be noticed for hearing. That notice of the
pendency
and hearing of such petition shall be given for the same
space
of time by publishing the same in a newspaper published in
the
proper county once in each week for 4 successive weeks prior to
the
first day of the term when such case is noticed for hearing.The
petition under section 1 shall set forth the authority of the
individual filing the petition on behalf of the city or village,
the reasons for the petition, and a specific description of the
premises where the cemetery is located. The petition shall be
signed and sworn to in the office of the county clerk by the
individual filing the petition. The court shall conduct a hearing
on the petition. The city or village shall give notice of the
hearing on the petition as follows:
(a) If the hearing is held before January 1, 2015, by
publication in a newspaper of general circulation in the county
once each week for 4 successive weeks before the hearing.
(b) If the hearing is held after December 31, 2014, by tier A
public notice under the local government public notice act. If
publication is required, the first publication shall be not more
than 30 days and not less than 14 days before the date of the
hearing.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.