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MI HB5455

Bill

Status

Introduced

3/15/2016

Primary Sponsor

Klint Kesto

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Amends the Property Rights Preservation Act to modify the definition of "constitutional taking" to require compensation when government action limits private property use under the U.S. Constitution (Amendments V or XIV) or Michigan Constitution (Article I, Section 23 and Article X, Section 2).

  • Expands the definition of "departments" subject to the act to include the Department of Natural Resources, Department of Environmental Quality, Department of Agriculture and Rural Development, and State Transportation Department.

  • Defines "government action" to include permit or license decisions, proposed rules that may limit property use, required dedications or exactions of property, and enforcement of statutes or rules.

  • Excludes from "government action" the formal exercise of eminent domain, forfeiture or seizure by law enforcement, and discontinuance of government programs.

  • Takes effect 90 days after enactment only if House Bill 5453 or Senate Bill (number not specified) of the 98th Legislature is also enacted into law.

Legislative Description

Property; condemnation; requirement to evaluate government actions that may result in takings; impose on department of agriculture and rural development. Amends sec. 2 of 1996 PA 101 (MCL 24.422). TIE BAR WITH: HB 5453'16

State agencies (existing): agriculture and rural development

Last Action

Bill Electronically Reproduced 03/15/2016

3/16/2016

Committee Referrals

Judiciary3/15/2016

Full Bill Text

No bill text available