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MI HB4070
Bill
Status
3/28/2017
Primary Sponsor
Klint Kesto
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AI Summary
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Amends the Property Rights Preservation Act to require state departments and agencies to evaluate whether governmental actions may result in constitutional takings of private property before proceeding.
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Requires the Attorney General to develop takings assessment guidelines in conjunction with participating departments and agencies, based on current U.S. Supreme Court and Michigan Supreme Court law, with reviews every 5 years.
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Expands the definition of "government action" to include permit or license decisions, proposed rules limiting property use, required dedications or exactions, and enforcement of statutes or rules.
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Requires courts to order departments or agencies to pay private property owners' reasonable attorney fees and costs if a court determines a constitutional taking occurred and the department or agency failed to comply with the assessment requirement.
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Exempts emergency government actions taken as immediate response to threats to public health and safety from the attorney fees penalty requirement.
Legislative Description
Property; condemnation; requirement that state agencies evaluate government actions that may result in takings; expand to include department of agriculture and rural development, and require agency that fails to review takings assessment to pay court costs and attorney fees. Amends title & secs. 2 & 4 of 1996 PA 101 (MCL 24.422 & 24.424) & adds sec. 6.
State agencies (existing): environmental quality
Last Action
Referred To Committee Of The Whole
1/30/2018