March 15, 2016, Introduced by Reps. Brett Roberts, Kesto, Canfield, Kelly, Cole, McBroom, Bumstead, Johnson, Sheppard and Lucido and referred to the Committee on Judiciary.
A bill to amend 1996 PA 101, entitled
"Property rights preservation act,"
(MCL 24.421 to 24.425) by amending the title and by adding section
6.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for a process of evaluating certain
governmental actions that may result in constitutional takings of
private
property; and to prescribe the powers and duties of certain
state agencies and officials; and to provide for remedies.
Sec. 6. If a court determines that government action by a
department resulted in a constitutional taking of private real
property and that the appropriate department did not comply with
section 4 in regard to the real property, the court shall order the
department that did not comply with section 4 to pay the private
real property owner for his or her reasonable attorney fees and
costs. This section does not apply if the government action was an
immediate response to an immediate threat to public health and
safety as described in section 5.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.