HOUSE BILL No. 4464

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.