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MI HB6098

Bill

Status

Introduced

12/6/2016

Primary Sponsor

Ray Franz

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 results in a taking under the Fifth Amendment, Fourteenth Amendment of the U.S. Constitution, or Section 23 of Article I and Section 2 of Article X of the Michigan Constitution.

  • Expands the definition of "government action" to include decisions on permit or license applications, proposed rules that may limit private property use, required dedications or exactions of private property, and enforcement of statutes or rules including issuance of orders.

  • Clarifies that "government action" excludes formal exercise of eminent domain, forfeiture or seizure by law enforcement, and discontinuance of government programs.

  • Applies the amendments to the Department of Natural Resources, Department of Environmental Quality, Department of Agriculture and Rural Development, and State Transportation Department.

  • Becomes effective 90 days after enactment, contingent upon passage of Senate Bill No. ____ or House Bill No. 6100.

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 6100'16

State agencies (existing): agriculture and rural development

Last Action

Bill Electronically Reproduced 12/06/2016

12/7/2016

Committee Referrals

Judiciary12/6/2016

Full Bill Text

No bill text available