January 24, 2017, Introduced by Reps. Kesto, Graves, Iden, Webber, Hughes and Sheppard and referred to the Committee on Agriculture.
A bill to amend 1996 PA 101, entitled
"Property rights preservation act,"
by amending the title and sections 2 and 4 (MCL 24.422 and 24.424)
and by adding section 6.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for a process of evaluating certain
governmental actions that may result in constitutional takings of
private
property; and to prescribe the powers and duties of certain
state agencies and officials; and to provide for remedies.
Sec. 2. As used in this act:
(a) "Constitutional taking" or "taking" means the taking of
private property by government action such that compensation to the
owner
of that property is required by either any of the following:
(i) Amendment V or XIV of the constitution Constitution of the
United States.
(ii) Section 23 of article I and section 2 of article X of the
state constitution of 1963.
(b)
"Departments" means the departments department of natural
resources, the department of environmental quality, the department
of agriculture and rural development, and the state transportation
department. "Department" means 1 of the departments.
(c) "Government action" means any of the following:
(i) A decision on an application for a permit or license.
(ii) Proposed rules that if promulgated or enforced may limit
the use of private property.
(iii) Required dedications or exactions of private property.
(iv) The enforcement of a statute or rule, including the
issuance of an order.
(d) "Government action" does not include any of the following:
(i) The formal exercise of the power of eminent domain.
(ii) The forfeiture or seizure of private property by law
enforcement agencies as evidence of a crime or for violations of
law.
(iii) The discontinuance of government programs.
(e)
"Rule" means a rule promulgated pursuant to under the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws.1969 PA 306, MCL 24.201
to 24.328.
Sec.
4. Prior to Before taking a governmental action, the
department
of natural resources, the department of environmental
quality,
or the state transportation department, as appropriate, a
department shall review the takings assessment guidelines prepared
under section 3 and shall consider the likelihood that the
governmental action may result in a constitutional taking.
Sec. 6. If a court determines that government action by a
department resulted in a constitutional taking of private real
property and that the appropriate department did not comply with
section 4 in regard to the real property, the court shall order the
department that did not comply with section 4 to pay the private
real property owner for his or her reasonable attorney fees and
costs. This section does not apply if the government action was an
immediate response to an immediate threat to public health and
safety as described in section 5.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.