March 14, 2007, Introduced by Reps. Gillard, Sheltrown, Ball, Ward, Mayes, Farrah and Steil and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
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
assigns to the donees for their use for the purposes therein
expressed in the dedication, gift, or grant and no other.
(2) 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 not to authorize
the seasonal mooring of boats, sunbathing, and lounging at the end
of the road, street, or alley.
(3) (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.
(4) (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.