Bill Text: MI HB4070 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-01-30 - Referred To Committee Of The Whole [HB4070 Detail]
Download: Michigan-2017-HB4070-Engrossed.html
HB-4070, As Passed House, March 28, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 4070
A bill to amend 1996 PA 101, entitled
"Property rights preservation act,"
by amending the title and sections 2, 3, and 4 (MCL 24.422, 24.423,
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) "Agency" means a commission, board, council, or other
agency of this state, other than a department.
(b) (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.
(c) (b)
"Departments" means the departments of natural
resources,
environmental quality, and transportation."Department"
means a principal department of this state.
(d) (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.
(e) (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.
(f) (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. 3. The attorney general, in conjunction with the
departments and agencies that wish to participate, shall develop
takings
assessment guidelines 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, that will
assist the departments and
agencies in the identification and evaluation of government actions
that may result in a constitutional taking. The attorney general
and the participating departments and agencies shall base the
guidelines on current law as articulated by the United States
supreme
court Supreme Court and the supreme court of this state and
shall
update the guidelines at least on an annual basis to reflect
review the guidelines every 5 years and, if necessary because of
changes in the law or otherwise, update the guidelines.
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 or agency 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 or agency resulted in a constitutional taking of private
real property and that the department or agency did not comply with
section 4 in regard to the real property, the court shall order the
department or agency 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.
