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MI HB5454

Bill

Status

Introduced

3/15/2016

Primary Sponsor

Brett Roberts

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Amends the Property Rights Preservation Act of 1996 to add procedures for evaluating governmental actions that may constitute constitutional takings of private property.

  • Updates the act's title to include provisions for remedies related to property takings.

  • Requires courts to order a department to pay a property owner's reasonable attorney fees and costs if the court finds the department's action resulted in a constitutional taking and the department failed to comply with section 4 evaluation requirements.

  • Exempts the attorney fees requirement if the government action was an immediate response to an immediate threat to public health and safety as described in section 5.

  • Takes effect 90 days after enactment.

Legislative Description

Property; condemnation; court costs and attorney fees; impose on agency that fails to review takings assessment guidelines before taking. Amends title of 1996 PA 101 (MCL 24.421 - 24.425) & adds sec. 6.

State agencies (existing): environmental quality

Last Action

Bill Electronically Reproduced 03/15/2016

3/16/2016

Committee Referrals

Judiciary3/15/2016

Full Bill Text

No bill text available