October 20, 2016, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32505 (MCL 324.32505), as added by 1995 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32505. (1) If the department determines that it is in the
public
interest to grant an applicant a deed or lease to such
unpatented lands described in section 32502 or enter into an
agreement
to permit allow use and improvements in the waters or to
enter into any other agreement in regard thereto, the department
shall
determine the amount of consideration to be paid to the this
state by the applicant for the conveyance or lease of unpatented
lands.
(2)
The department may permit, allow,
by lease or agreement,
the filling in of patented and unpatented submerged lands and
permit
allow permanent improvements and structures after finding
that the public trust will not be impaired or substantially
injured.
(3) The department may issue deeds or may enter into leases of
unpatented
lands if the unpatented lands
applied for lands have
been artificially filled in or are proposed to be changed from the
condition that exists on October 14, 1955 by filling, sheet piling,
shoring,
or by any other means, and such the
lands are used or to
be used or occupied in whole or in part for uses other than
existing, lawful riparian or littoral purposes. The consideration
to
be paid to the this state for the conveyance or lease of
unpatented lands by the applicant shall be not less than the fair,
cash market value of the lands determined as of the date of the
filing of the application, minus any improvements placed on the
lands, but the sale price shall not be less than 30% of the value
of the land. In determining the fair, cash market value of the
lands
applied for, the department may give due consideration to
consider the fact that the lands are connected with the riparian or
littoral
property belonging to the applicant, and to the uses,
including residential and commercial, being made or which can be
made of the lands.
(4) Agreements for the lands or water area described in
section 32502 may be granted to or entered into with local units of
government
for public purposes. and containing those The agreements
may
contain terms and conditions that
may be considered by the
department
to be just and equitable in view of given the
public
trust
involved and may include the granting of grant permission to
make
such fills as may be fill
those lands as necessary.
(5)
If the unpatented lands applied for have not been filled
in or in any way substantially changed from their natural character
at
the time the application is filed with the department, and the
application to acquire or lease those lands is filed for the
purpose of flood control, shore erosion control, drainage and
sanitation control, or to straighten irregular shore lines, then
the
consideration to be paid to the this
state by the applicant
shall
be the fair, cash value of such the
land, giving due
consideration
to its the land's being adjacent to and connected
with the riparian or littoral property owned by the applicant.
(6) Leases or agreements covering unpatented lands may be
granted or entered into with riparian or littoral proprietors for
commercial marina purposes or for marinas operated by persons for
consideration
and containing terms and conditions that are
considered by the department to be just and equitable. The leases
may include either filled or unfilled lake bottomlands, or both.
Rental shall commence as of the date of use of the unpatented lands
for the marina operations. Dockage and other uses by marinas in
waters over patented lands on October 14, 1955 shall be considered
to be lawful riparian or littoral use.
(7) If a private harbor formed by a breakwater erected on
unpatented lake bottomlands is not used by the riparian or littoral
owner for commercial purposes and if the riparian or littoral
owner's land is used only for residential purposes, the
consideration for a lease for the breakwater to occupy the lake
bottomlands and for exclusive use of the waters of the harbor shall
be 1 of the following at the discretion of the riparian or littoral
owner:
(a) A $50.00 annual fee.
(b) A 1-time fee of:
(i) $150.00 to occupy not more than 0.25 acres.
(ii) $200.00 to occupy more than 0.25 acres but not more than
0.5 acres.
(iii) $250.00 to occupy more than 0.5 acres but not more than
0.75 acres.
(iv) $300.00 to occupy more than 0.75 acres but not more than
1 acre.
(8) (7)
If the department after
investigation determines that
an applicant to acquire or lease lands has willfully and knowingly
filled
in or in any way substantially changed the lands applied for
with
an intent to defraud, or if the applicant has acquired such
the lands with knowledge of such a fraudulent intent and is not an
innocent
purchaser, the sale price consideration
shall be the fair,
cash market value of the land or leasehold. An applicant may
request a hearing of a determination made under this subsection.
The department shall grant a hearing if requested.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.