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MI HB4201
Bill
Status
2/5/2009
Primary Sponsor
Richard Ball
Click for details
AI Summary
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Amends the Natural Resources and Environmental Protection Act to revise requirements for granting roadway easements across state-owned land under department jurisdiction.
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Modifies Section 2123 to require easements be subject to Section 2124 and establishes eight conditions that must be met, including: request on department form, no other legal access available, no conflict with existing programs or local ordinances, public access requirement, logical routing, minimum width, grantee maintenance responsibility, and reciprocal easement offer.
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Adds new Section 2123a establishing a mandatory easement grant provision with similar conditions to Section 2123 but including additional protections: verification of lack of legal access by title insurance or attorney opinion, prohibition on crossing environmentally sensitive areas (wetlands and critical dune areas), and restrictions based on funding source of land acquisition.
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Revises Section 2124 to prohibit easements over wilderness areas, wild areas, natural areas, or land closed to vehicular traffic, and prohibits easements where construction or use would result in unreasonable damage to surface, soil, wildlife, aquatic life, or property.
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Requires department to provide written notice with reasons when denying easement requests under either section.
Legislative Description
Natural resources; other; easements across state owned land; revise policy for granting. Amends secs. 2123 & 2124 of 1994 PA 451 (MCL 324.2123 & 324.2124).
Property, other
Last Action
Referred To Committee Of The Whole
7/21/2010