SB-0881, As Passed House, December 13, 2016

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 881

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to authorize the department of technology, management,

 

and budget to convey parcels of state-owned property in Baraga,

 

Bay, Calhoun, Gratiot, Houghton, Iron, Lenawee, Manistee,

 

Marquette, Monroe, Tuscola, and Van Buren Counties; to prescribe

 

conditions for the conveyances; to provide for the jurisdictional

 

transfer of state-owned property in Ingham, Livingston, and St.

 

Joseph Counties; to provide for powers and duties of state

 

departments, agencies, and officers in regard to the property; and

 

to provide for disposition of revenue derived from the conveyances.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The department of technology, management, and

 

budget, on behalf of this state, may convey by quitclaim deed or

 

transfer by affidavit of jurisdictional transfer all or portions of

 


real property owned by this state that, on the effective date of

 

this act, is under the jurisdiction of the department of state

 

police. The real property that may be conveyed or transferred under

 

this subsection is described as follows:

 

 

 

BARAGA COUNTY-L'ANSE POST

 

Parcel 1

 

Starting at the Iron Pin marking the S.E. Corner of the N.W. ¼ of

 

the N.W. ¼ of Section 9, T 50 N, R 33 W, thence N 0° 18' W 883.1

 

feet to a point on the tangent of U.S. 41, thence S 44° 18' 30" E

 

750 feet, thence N 44° 18' 30" E 75 feet to the point of beginning,

 

thence N 44° 18' 30" E 125 feet, thence S 44° 18' 30" E 75 feet,

 

thence S 44° 18' 30" W 125 feet, thence N 44° 18' 30" W 75 feet to

 

the point of beginning, containing approximately 0.22 acres more or

 

less.

 

 

 

Parcel 2

 

A parcel of land located in the Village of L'Anse, Michigan, Part

 

of the S½ of NE¼ of the NW¼, Section 9, T50N, R33W. Described as

 

follows: Commencing at the SW corner of said NE¼ of the NW¼, Sec.

 

9; thence N0°-18'W a distance of 883.1 ft; thence S 44°-18'30"E a

 

distance of 750.0 ft; thence N 45°-41'-30" E a distance of 200.0

 

ft; thence S 44°-19'E a distance of 15.0 ft. to the P.O.B. of

 

described parcel; thence N 45°-41'E a distance of 48.5 ft; thence S

 

44°-19'E a distance of 17.4 ft; thence S89°-19'E a distance of 18.0

 

ft; thence S 0°-18'W a distance of 42.0 ft; thence S 45̊-41'W a

 

distance of 31.7 ft; thence N 44°-19'W a distance of 60.0 ft. to

 


the P.O.B. Described parcel contains 0.07 acres more or less.

 

 

 

BAY COUNTY-BAY CITY POST

 

Lots 1, 2, 3, 4, 23, 24, 25, 26, Block 1, Lennox Park, Bangor

 

Township, Bay County, Michigan.

 

 

 

CALHOUN COUNTY-PARCEL A

 

Lot Number Two Hundred Twenty-Seven (#227) of Greenlawn Addition,

 

according to the recorded plat thereof. Battle Creek Township,

 

Calhoun County, Michigan.

 

 

 

CALHOUN COUNTY-PARCEL B-BATTLE CREEK POST PARKING LOT

 

Commencing on the West line of the Plat of Greenlawn in Section 14,

 

Town 2 South, Range 8 West, and on North line of U. S. 12 Highway,

 

thence North along the West line of said Greenlawn 247 feet, thence

 

Westerly parallel with the North line of Highway U. S. 12, 50 feet,

 

thence South parallel with West line of Greenlawn 247 feet to the

 

said North line of U. S. 12 Highway, thence Easterly along same 50

 

feet to the place of beginning. Battle Creek Township, Calhoun

 

County, Michigan.

 

Subject to right of way in favor of State Highway Commissioner of

 

the State of Michigan as appears in Liber 374 at Page 384.

 

 

 

GRATIOT COUNTY-ITHACA POST

 

The South Ten (10) Acres of the West Twenty-five (25) Acres of the

 

Northwest quarter (NW 1/4) of the Northwest quarter (NW 1/4) of

 

Section Thirty (30), Town Eleven (11) North, Range Two (2) West,

 


Emerson Township, Gratiot County, Michigan.

 

 

 

LENAWEE COUNTY-PARCEL A-ADRIAN POST

 

A parcel of land in the S.E. 1/4 of Section 26, T6S, R3E, Lenawee

 

County, Michigan and more specifically described as: Commencing at

 

the E 1/4 corner of said Section 26; thence S00°54'25"E 1565.14

 

feet on the east line of said Section 26; thence West 46.29 feet,

 

to the westerly right-of-way of N. Adrian Highway (M-52) and the

 

point of beginning of this description; thence WEST 220.68 feet;

 

thence SOUTH 360.00 feet; thence EAST 183.01 feet, to the westerly

 

right-of-way of N. Adrian Highway; thence 336.36 feet, along the

 

westerly right-of-way of N. Adrian Highway on a curve to the left

 

with a central angle of 13°56'28", a radius of 1382.39 feet and a

 

long chord bearing and distance of N06°29'09"E 335.53 feet; thence

 

N00°29'05"W 26.62 feet, on the westerly right-of-way of said

 

highway to the point of beginning. The above described parcel

 

contains 1.7331 acres, more or less.

 

 

 

Excepted from the preceding parcel is the following land:

 

A parcel of land in the SE 1/4 of section 26, T6S, R3E, City of

 

Adrian, Lenawee County, Michigan, more particularly described as

 

commencing at the E 1/4 corner of said section 26; thence

 

S00°54'25"E, along the east line of said section 26, a distance of

 

1564.41 feet; thence S89°42'25"W 266.76 feet; thence S00°02'42"W

 

254.76 feet; thence N89°21'41"E 35.55 feet, to the point of

 

beginning of this description; thence continuing N89°21'41"E 80.00

 

feet; thence S00°38'19"E 51.00 feet; thence S89°21'41"W 80.00 feet;

 


thence N00°38'19"W 51.00 feet, to the point of beginning.

 

 

 

And the parcel is subject to the following access easement:

 

Commencing at the E 1/4 corner of section 26, T6S, R3E, City of

 

Adrian, Lenawee County, Michigan; thence S00°54'25"E 1564.41 feet,

 

on the east line of said section 26; thence S89°42'25"W 46.04 feet,

 

to the westerly right of way line of Michigan highway M-52; thence

 

S00°29'05"E 26.62 feet, on said right of way; thence 227.88 feet,

 

on the arc of a curve to the right with a central angle of

 

09°26'41", a radius of 1382.39 feet, and a long chord bearing and

 

distance of S04°14'15"W 227.62 feet, on said right of way to the

 

point of beginning of this easement description; thence S89°21'41"W

 

88.79 feet; thence S00°38'19"E 51.00 feet; thence N89°21'41"E 79.17

 

feet, to said westerly M-52 right of way; thence 51.90 feet, on the

 

arc of a curve to the left with a central angle of 02°09'04", a

 

radius of 1382.39 feet and a long chord bearing and distance of

 

N10°02'08"E 51.90 feet, on said right of way to the point of

 

beginning.

 

 

 

MANISTEE COUNTY-MANISTEE POST

 

Commencing on the Westerly right-of-way line of Highway U.S. 31 at

 

a point 27 feet South of the Southeast corner of Lot "I" of S. C.

 

Thompson's Addition to the City of Manistee, Michigan, thence South

 

82° 33' West 174.2 feet to the Westerly line of Lot "K", thence

 

North 28° West along the Westerly line of Lot "K" of S. C.

 

Thompson's Addition 15.7 feet to the Southwest corner of Lot "I"

 

and the Northwest corner of Lot "K" of S. C. Thompson's Addition,

 


thence South 78° 30' West 44 feet, thence North 36°West 97.5 feet

 

to the Northwesterly corner of the description, thence North 82°33'

 

East 272 feet to an intersection with the Westerly right-of-way

 

line of Highway U. S. 31, thence south 6° 22' East 100 feet along

 

said Westerly right-of-way line to the place of beginning: said

 

parcel being a part of Lots "H" and "K", and all of Lot "I", of S.

 

C. Thompson's Addition to the City of Manistee, Manistee County,

 

Michigan.

 

 

 

VAN BUREN COUNTY-SOUTH HAVEN POST PARKING LOT

 

Lots 2 and 3 of Block 1, Ravinia Park Addition to the City of South

 

Haven and also that part of Lot 35 of the Merrill Addition to the

 

City of South Haven that is described as beginning at a point on

 

the South Line of Lot 35, Assessor's Plat of the Merrill Addition

 

to South Haven that is 41 feet West of the Southeast corner of Lot

 

35; thence North 22°46'10" East 64.99 feet to the Northerly line of

 

Lot 35; thence Southwesterly 79.70 feet, more or less, to the West

 

corner of Lot 35; thence East along the South line of Lot 35 a

 

distance of 77.00 feet to the point of beginning.

 

 

 

     (2) The department of technology, management, and budget, on

 

behalf of this state, shall convey the following described property

 

by quitclaim deed to the village of Blissfield for the

 

consideration of $1.00:

 

 

 

Premises situated in the Village of Blissfield in the County of

 

Lenawee, in the State of Michigan, to-wit: part of Lot Number Three

 


(3) of Feeback's Addition to the Village of Blissfield as per

 

recorded Plat thereof, described as follows: beginning at the

 

Southeast corner of said Lot Number Three (3) thence Northerly

 

along the Easterly line of said Lot Number Three (3) fifty (50)

 

feet; thence westerly at right angles eighty (80) feet; thence

 

southerly at right angles fifty (50) feet; thence easterly at right

 

angles eighty (80) feet to the place of beginning.

 

 

 

     (3) The department of technology, management, and budget, on

 

behalf of this state, may convey by quitclaim deed or transfer by

 

affidavit of jurisdictional transfer all or portions of real

 

property owned by this state that, on the effective date of this

 

act, is under the jurisdiction of the department of corrections.

 

The real property that may be conveyed or transferred under this

 

subsection is described as follows:

 

 

 

HOUGHTON COUNTY - CAMP KITWEN

 

A parcel of land being the North ½ of the Northwest ¼ of Section 1,

 

T53N-R35W, and part of the Southwest ¼ of the Southwest ¼ of

 

Section 36, T54N-R35W, Adams Township, Houghton County, Michigan

 

described as: Commencing at the North ¼ corner of Section 1; thence

 

N89°51'00"W, 1,839.47 feet along the North line of Section 1 to a

 

curve on the Easterly Right-of-Way line of Globe Mine Road; thence

 

642.68 feet along the Easterly Right-of-Way line on a curve to the

 

right having a Radius of 1,388.00 feet and a Long Chord bearing

 

N22°46'39"W, 636.96 feet to a curve on the Southerly Right-of-Way

 

line of State Highway M-26; thence 566.72 feet along the Southerly

 


Highway Right-of-Way on a curve to the right having a Radius of

 

1,837.28 feet and a Long Chord bearing S77°57'16"W, 563.98 feet to

 

the West Line of Section 36; thence S00°23'56"W, 467.50 feet along

 

the West line of Section 36 to the Northwest corner of Section 1;

 

thence S01°57'07"W, 1,285.73 feet along the West line of Section 1

 

to the North 1/16 line of Section 1; thence S89°40'42"E, 2,669.36

 

feet along the North 1/16 line to the North-South ¼ line of Section

 

1; thence N00°40'50"E, 1,293.15 feet along the North-South ¼ line

 

to the Point of Beginning containing 86.378 acres and subject to

 

restrictions, reservations, rights-of-way and easements of record.

 

 

 

IRON COUNTY - CAMP OTTAWA

 

Property located at 216 Gendron Road in the City of Iron River,

 

Iron County, Michigan, described as: A parcel of land being the

 

North ½ of the Southwest ¼ and part of the Southeast ¼ of the

 

Northwest ¼ of Section 3, T43N-R35W, Iron River Township, Iron

 

County, Michigan described as: Commencing at the North ¼ corner of

 

Section 3; thence S00°02'38"W, 1371.56' along the North-South ¼

 

line of Section 3 to the Point of Beginning; thence continuing

 

S00°02'38"W, 2592.74' along the North-South ¼ line to the South

 

1/16 line of Section 3; thence S89°32'21"W, 2645.82' along the

 

South 1/16 line to the West line of Section 3; thence N00°19'41"E,

 

1322.37' along the West section line to the East-West ¼ line of

 

Section 3; thence N89°40'15" E, 1319.61' along the East-West ¼ line

 

to the West 1/16 line of Section 3; thence N00°11'10"E, 385.78'

 

along the West 1/16 line to a curve on the South Right-of-Way line

 

of Gendron Road; thence 246.25' along the Southerly Road Right-of-

 


Way on a curve to the right having a Radius of 4854.52' and a Chord

 

bearing N54°33'22"E, 246.22'; thence N55°00'34"E, 254.83' along the

 

Southerly Road Right-of-Way to a curve; thence 296.89' along the

 

Southerly Road Right-of-Way on a curve to the right having a Radius

 

of 4272.47' and a Chord bearing N57°00'00"E, 296.83'; thence

 

N58°59'27"E, 676.30' along the Southerly Road Right-of-Way line to

 

a curve; thence 129.43' along the Southerly Road Right-of-Way line

 

on a curve to the left having a radius of 208.36' and a Chord

 

bearing N41°11'43"E, 127.36' to the Point of Beginning containing

 

105.102 acres and subject to restrictions, reservations, rights-of-

 

way and easements of record.

 

 

 

MARQUETTE COUNTY

 

The southeast ¼ of the SW ¼ of Section 35 T47N, R24W Chocolay

 

Township, consisting of approximately forty (40) acres.

 

 

 

MONROE COUNTY

 

Property located at 230 West Front Street in the City of Monroe,

 

Monroe County, Michigan, which is further described as: Commencing

 

35.07 feet North 32°39'07" East and 394.4 North 77°12'40" West from

 

the intersection of the centerlines of West Front Street and

 

Harrison Street, thence North 77°12'48" West 62.14 feet, thence

 

North 31°11'12" East 357.04 feet, thence South 74°23'45" East 61.22

 

feet, thence South 31°11'12" West 353.85 feet to the place of

 

beginning, and being a part of Private Claim 414.

 

 

 

TUSCOLA COUNTY

 


Property located at 2420 Chambers Road in the Township of Indian

 

Fields, Tuscola County, Michigan, described as: A parcel of land in

 

the W. ½ of Section 20, T12N, R9E, Tuscola County, Michigan and

 

more specifically described as commencing at the southwest corner

 

of said Section 20; thence N02°29'58"E 1596.20 feet, on the west

 

line of said Section 20 to the point of beginning of this

 

description; thence N02°29'58"E 188.93 feet, on said west section

 

line to a point on the east bank of the Cass River; thence on a

 

meander line on the east high bank of the Cass River on the next

 

nine calls; thence N42°03'45"E 472.98 feet; thence N31°09'17"E

 

592.87 feet; thence N32°30'22"E 138.73 feet; thence N29°45'45"E

 

365.86 feet; thence N04°16'44"E 686.27 feet; thence N35°14'10"E

 

441.67 feet; thence N14°41'05"E 256.84 feet; thence N05°28'20"E

 

254.56 feet; thence N26°21'15"E 33.00 feet, to the centerline of

 

Chambers Road; thence on the centerline of Chambers Road on a curve

 

to the right 239.49 feet, with a central angle of 09°07'26" and a

 

radius of 1503.96 feet; thence S54°31'19"E 28.21 feet, on the

 

centerline of Chambers road; thence 365.44 feet on a curve to the

 

right on the centerline of Chambers Road with a central angle of

 

57°50'27" and a radius of 361.99 feet; thence S03°19'08"W 1533.95

 

feet, on the centerline of Chambers Road; thence 476.60 feet on a

 

curve to the right on the centerline of Chambers Road with a

 

central angle of 71°32'44" and a radius of 381.68 feet; thence

 

S74°51'52"W 532.06 feet, on the centerline of Chambers Road; thence

 

218.50 feet on a curve to the left on the centerline of Chambers

 

Road with a central angle of 16°23'40" and a radius of 763.61 feet;

 

thence S58°28'12"W 549.53 feet, on the centerline of Chambers Road;


thence 257.37 feet on a curve to the left on the centerline of

 

Chambers Road with a central angle of 55°58'14" and a radius of

 

263.46 feet, to the point of beginning. The above described parcel

 

contains 40.09 acres, more or less. In addition, all bottom land

 

between the above described meander line and the centerline of the

 

Cass River shall be conveyed with this description. All bearings

 

are relative and referenced to the west line of Section 20, from a

 

previously recorded survey in Liber 578, Page 1253, Tuscola County

 

Records.

 

 

 

     (4) The department of technology, management, and budget may

 

transfer by affidavit of jurisdictional transfer, to the

 

departments or agencies identified as follows, all or portions of

 

real property owned by this state that, on the effective date of

 

this act, is under the jurisdiction of the department of

 

technology, management, and budget or, for the property located in

 

Livingston County, the department of health and human services. The

 

real property that may be transferred under this subsection is

 

described as follows:

 

 

 

INGHAM COUNTY

 

TO THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

Parcel 1

 

A parcel of land located at 1620 East Saginaw Street in the City of

 

Lansing, Ingham County, Michigan, with all buildings, the contents

 

of the buildings, and other improvements on the land, more

 

specifically described as: That part of the NE ¼ Section 15, T4N,

 


R2W, City of Lansing, Ingham County, Michigan; beginning at a point

 

on the west line of Marshall Street 1190 feet north of the NE

 

corner of Block 2, Ramsey's Michigan Avenue Addition; thence west

 

400 feet; thence north 350 feet to a point 40 feet south of the

 

north line of Section 15, thence east parallel to the north line of

 

Section 15, 400 feet to a point on the west line of Marshall

 

Street, thence south 350 feet along the said west line, to the

 

point of beginning; containing 3.21 acres more or less. Subject to

 

deed recorded at Liber 866, Page 328 Ingham County Records dated 3-

 

24-1969 along the west line and deed recorded at Liber 710, Page

 

329 Ingham County Records dated 10-12-1955 along the south line and

 

subject to easements and other restrictions of record.

 

 

 

Parcel 2

 

A parcel of land located at 810 Marshall Street in the City of

 

Lansing, Ingham County, Michigan, with all buildings, the contents

 

of the buildings, and other improvements on the land, more

 

specifically described as: Part of the SE ¼ of the SE ¼ of Section

 

10, T4N, R2W, City of Lansing, Ingham County, Michigan described

 

as: Commencing at the SE corner of Section 10; thence N0°28'W 40

 

feet along the section line; thence west 99.6 feet; thence N0°28'W

 

753.7 feet to the south line of Grand River Avenue; thence west

 

along said south road line 304.7 feet to the point of beginning;

 

thence south parallel to Marshall Street 348 feet; thence west

 

parallel to Grand River Avenue 350 feet to the east line of

 

Marshall Street; thence north along said east line 348 feet to the

 

south line of Grand River Avenue; thence east along said south line

 


350 feet to the point of beginning; containing 2.79 acres more or

 

less. Subject to deed recorded at Liber 724, Page 612 Ingham County

 

Records dated 8-29-1956 on the south line and deed recorded at

 

Liber 703, Page 434 Ingham County Records dated 6-3-1955 and Public

 

Act 104 of 1952, not recorded, on the east line and subject to

 

easements and other restrictions of record.

 

 

 

LIVINGSTON COUNTY

 

TO THE DEPARTMENT OF CORRECTIONS

 

Parcels of land located in the Township of Green Oak, Livingston

 

County, Michigan, along with all buildings, the contents of the

 

buildings, and other improvements on the land, all as recorded with

 

the Livingston County Register of Deeds as follows and subject to

 

easements and other restrictions of record:

 

 

 

Parcel No. 1 as recorded in Liber 321, Pages 321 & 322, and

 

Parcel No. 2 as recorded in Liber 321, Pages 319 & 320, and

 

Parcel No. 3 as recorded in Liber 321, Pages 317 & 318, and

 

Parcel No. 4 as recorded in Liber 321, Pages 315 & 316, and

 

Parcel No. 5 as recorded in Liber 321, Pages 325 & 326, and

 

Parcel No. 7 as recorded in Liber 339, Page 496, and

 

Parcel No. 10 as recorded in Liber 477, Page 476, and

 

Parcel No. 11 as recorded in Liber 1269, Page 766.

 

 

 

ST JOSEPH COUNTY

 

TO THE MICHIGAN LAND BANK FAST TRACK AUTHORITY

 

A parcel of land in Burr Oak Township of Saint Joseph County,

 


Michigan, more specifically described as: A parcel of land in the

 

West ½ of the Northwest ¼ of the Southeast ¼ of Section 17, Town 7

 

South, Range 9 West, Burr Oak Township, St. Joseph County, State of

 

Michigan, described as beginning at the Center of Section 17 thence

 

East along the East and West ¼ line to the Northwest corner of the

 

North 15 acres of the East ½ of the Northwest ¼ of the Southeast ¼;

 

thence South to the Southwest corner of the North 15 acres of the

 

East ½ of the Northwest ¼ of the Southeast ¼; thence West parallel

 

with the East and West ¼ line 100.00 feet; thence North parallel to

 

the East line of the West ½ of the Northwest ¼ of the Southeast ¼

 

to a point that is 100.00 feet South of the East and West ¼ line;

 

thence West parallel to the East and West ¼ line to a point on the

 

North and South ¼ line that is 100.00 feet South of the Center of

 

Section 17; thence North along said North and South ¼ line 100.00

 

feet to the Center of Section 17 and the point of beginning;

 

containing 3.56 acres more or less. Subject to building and use

 

restrictions and easements, if any, together with all tenements,

 

hereditaments, and appurtenances pertaining to the land.

 

 

 

     (5) The descriptions of the property in subsections (1) to (4)

 

are approximate and, for purposes of a conveyance or transfer under

 

this act, may be adjusted as the department of technology,

 

management, and budget or the department of attorney general

 

considers necessary because of a survey or another legal

 

description.

 

     (6) The department of technology, management, and budget may

 

transfer property described in subsections (1) to (4) with or

 


without consideration through jurisdictional transfer to another

 

state agency. If property is transferred under this subsection, the

 

transfer must be made by an affidavit of jurisdictional transfer in

 

recordable form rather than by quitclaim deed.

 

     (7) The department of technology, management, and budget may

 

take the necessary steps to convey real property described in

 

subsection (1) or (3) using any of the following means:

 

     (a) Any publicly disclosed competitive method of sale,

 

selected to realize the fair market value to this state, as

 

determined by the department of technology, management, and budget.

 

     (b) Offering the property for sale for fair market value to 1

 

or more units of local government in which the property is located.

 

     (c) Exchanging some or all of the property for other real

 

property if the other real property is determined by the department

 

of technology, management, and budget to be of reasonably equal

 

value to this state.

 

     (d) Offering the property for sale for less than fair market

 

value to the units of local government in which the property is

 

located, subject to the following conditions:

 

     (i) If a unit of local government makes an offer to purchase

 

the property that is accepted by the department of technology,

 

management, and budget, the unit of local government shall enter

 

into a purchase agreement within 60 days after making the offer and

 

complete the conveyance within 180 days after making the offer. The

 

department of technology, management, and budget may extend the

 

time to complete the conveyance as needed.

 

     (ii) The property must be used exclusively for public use for


30 years after the conveyance, subject to subsection (15). If a

 

fee, term, or condition is imposed on members of the public for use

 

of the property, or if such a fee, term, or condition is waived,

 

all members of the public must be subject to the same fees, terms,

 

conditions, and waivers. The public use restriction must be

 

included in the deed.

 

     (iii) If the unit of local government intends to convey the

 

property within 30 years after the conveyance, the unit of local

 

government must first offer the property for sale, in writing, to

 

this state, which may purchase the property at the original sale

 

price. The unit of local government shall provide this state 120

 

days to consider reacquiring the property. If this state agrees to

 

reacquire the property, this state is not liable to any person for

 

improvements to or liens placed on the property. If this state

 

declines to reacquire the property, the public use restrictions

 

described in subparagraph (ii) remain in effect.

 

     (iv) If the unit of local government retains the property for

 

30 years after the conveyance, the public use restrictions under

 

subparagraphs (ii) and (iii) automatically terminate, except as

 

provided in subsection (15).

 

     (v) The department of technology, management, and budget may

 

require the unit of local government to reimburse this state at

 

closing for costs demonstrably incurred by this state that were

 

necessary to prepare the property for conveyance.

 

     (e) Transferring the property to the land bank fast track

 

authority created by section 15 of the land bank fast track act,

 

2003 PA 258, MCL 124.765.


     (8) The department of technology, management, and budget shall

 

not convey property under this section unless the conveyance and

 

the terms of the conveyance have been approved by the state

 

administrative board.

 

     (9) If real property is to be sold for fair market value under

 

this section, the fair market value must be determined by an

 

independent fee appraisal prepared for the department of

 

technology, management, and budget, or by an appraiser who is an

 

employee or contractor of this state.

 

     (10) The state agency with jurisdiction over real property

 

conveyed or transferred under this section is responsible for all

 

expenses of maintaining the property until the time of conveyance

 

or transfer.

 

     (11) A deed or affidavit of jurisdictional transfer authorized

 

by this section must be approved as to legal form by the department

 

of attorney general.

 

     (12) Real property conveyed or transferred under this section

 

includes all surplus, salvage, and personal property or equipment

 

remaining on the property on the date of the conveyance or

 

transfer.

 

     (13) This state shall not reserve oil, gas, or mineral rights

 

to property conveyed under this section. However, the conveyance

 

authorized under this act must provide that, if the grantee or any

 

successor develops any oil, gas, or minerals found on, within, or

 

under the conveyed property, the grantee or any successor must pay

 

this state 1/2 of the gross revenue generated from the development

 

of the oil, gas, or minerals. A payment under this subsection must


be deposited in the general fund.

 

     (14) A conveyance under this section must reserve to this

 

state all aboriginal antiquities, including mounds, earthworks,

 

forts, burial and village sites, mines, or other relics lying on,

 

within, or under the property, with power to this state and all

 

others acting under its authority to enter the property for any

 

purpose related to exploring, excavating, and taking away the

 

aboriginal antiquities.

 

     (15) If property conveyed under this section was used by this

 

state as a historical monument, memorial, burial ground, park, or

 

protected wildlife habitat area, the grantee or any successor shall

 

maintain and protect the property for that purpose in perpetuity in

 

accordance with applicable law.

 

     (16) The department of technology, management, and budget

 

shall deposit the net revenue received from the sale of property

 

under this section in the state treasury. The state treasurer shall

 

credit the money deposited to the general fund.

 

     (17) If property conveyed under this section is used in a

 

manner that violates any of the restrictions imposed under

 

subsection (7)(d), (13), (14), or (15), this state may reenter and

 

take the property, terminating the grantee's or any successor's

 

estate in the property. An action to regain possession of the

 

property under this section may be brought and maintained by the

 

attorney general on behalf of this state.

 

     (18) If this state reenters and repossesses property under

 

subsection (17), this state is not liable to reimburse any person

 

for any improvements made on the property or to compensate any


person for any part of an unfulfilled contract or license issued to

 

provide goods or services on or for the property.

 

     (19) The department of technology, management, and budget may

 

require a grantee of property conveyed under this section to record

 

the instrument of conveyance or jurisdictional transfer with the

 

appropriate register of deeds and provide the department of

 

technology, management, and budget with a recorded copy of the

 

recorded instrument.

 

     (20) As used in this section:

 

     (a) "Fair market value" means the highest estimated price that

 

the property will bring if offered for sale on the open market,

 

allowing a reasonable time to find a purchaser who would buy with

 

knowledge of the property's possible uses.

 

     (b) "Net revenue" means the proceeds from the sale of the

 

property less reimbursement for any costs to the department of

 

technology, management, and budget associated with the sale,

 

including, but not limited to, administrative costs, including

 

employee wages, salaries, and benefits; costs of reports and

 

studies and other materials necessary to the preparation of sale;

 

environmental remediation; legal fees; and any litigation costs

 

related to the conveyance.

 

     (c) "Public use" means, subject to subdivision (d), actual use

 

of the property by members of the public or actual use by the unit

 

of local government for any of the following:

 

     (i) Publicly owned and operated correctional facilities.

 

     (ii) Law enforcement purposes.

 

     (iii) Emergency management response purposes.


     (iv) Public educational use.

 

     (v) Public transportation.

 

     (vi) Public parks and recreational areas.

 

     (vii) Public health uses.

 

     (viii) Wildlife conservation or restoration.

 

     (d) "Public use" does not include use by a for-profit

 

enterprise or any use that is closed to the public.

 

     (e) "Unit of local government" means a township, village,

 

city, county, school district, intermediate school district, or

 

community college district.