HB-4464, As Passed House, June 27, 2007
SUBSTITUTE FOR
HOUSE BILL NO. 4464
A bill to amend 1967 PA 288, entitled
"Land division act,"
by amending section 253 (MCL 560.253).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 253. (1) When a plat is certified, signed, acknowledged,
and recorded as prescribed in this act, every dedication, gift, or
grant to the public or to any person, society, or corporation
marked
or noted as such on the plat shall be deemed considered to
be sufficient conveyance to vest the fee simple of all parcels of
land
so marked and noted , as
a dedication, gift, or grant and
shall be considered a general warranty against the donors, their
heirs, and their assigns to the donees for their use for the
purposes
therein expressed in the
dedication, gift, or grant and no
other.
(2) Except as provided in subsection (3), the purposes of a
dedication, gift, or grant under subsection (1) of a road, street,
or alley terminating at a lake or stream, or terminating at a
common area, a right-of-way, or a public park that is contiguous to
the shoreline of a lake or stream, shall be presumed to include the
seasonal mooring of boats, sunbathing, and lounging as otherwise
authorized by law. This presumption is conclusive unless rebutted
by competent evidence before the circuit court in the county in
which the land is located, showing that the plat proprietor
intended to prohibit the seasonal mooring of boats, sunbathing, and
lounging at the end of the road, street, or alley.
(3) If the dedication, gift, or grant includes the language
"for road use only" or substantially similar language, the
presumption described in subsection (2) is not created.
(4) (2)
The land intended for the streets,
alleys, commons,
parks, or other public uses as designated on the plat shall be held
by the municipality in which the plat is situated in trust to and
for
such those uses and purposes.
(5) (3)
A reservation or an ownership
interest in mineral
rights
or underground gas storage rights in land shall does not
constitute the holding of title for the purpose of signing the
proprietor's certificate.
(6) Subsection (2) does not apply to road ends that are owned
by the state of Michigan or road ends that are immediately adjacent
to properties that are owned by the state of Michigan.