Bill Text: MI HB4480 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Property; conveyances; certain state owned property in Wayne county; provide for conveyance. Creates land transfer act.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-06-30 - Assigned Pa 104'10 With Immediate Effect [HB4480 Detail]
Download: Michigan-2009-HB4480-Chaptered.html
Act No. 104
Public Acts of 2010
Approved by the Governor
June 29, 2010
Filed with the Secretary of State
June 29, 2010
EFFECTIVE DATE: June 29, 2010
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Reps. Cushingberry, Johnson and Durhal
ENROLLED HOUSE BILL No. 4480
AN ACT to authorize the state administrative board to convey a certain parcel of state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.
The People of the State of Michigan enact:
Sec. 1. The state administrative board, on behalf of the state and subject to the terms stated in this act, may convey by quitclaim deed, for not less than fair market value, all or portions of certain state owned property now under the jurisdiction of the department of human services, commonly known as Dexter-Elmhurst, and located in the city of Detroit, county of Wayne, Michigan, and more particularly described as follows:
Lots 113 to 119, inclusive; Lots 190 to 197, inclusive; and the East 10 feet of Lot 198, Lewis and Crofoot’s Subdivision No. 4 on East 1/2 of 1/4 Section 29, in Ten Thousand Acre Tract, Greenfield, T1S, R11E, Wayne County, Michigan, as recorded in Liber 26, Page 84 of Plats, Wayne County Records.
Sec. 2. The description of the property in section 1 is approximate and, for purposes of the conveyance, is subject to adjustments as the state administrative board or the attorney general considers necessary by survey or other legal description.
Sec. 3. The property described in section 1 includes all surplus, salvage, and scrap property or equipment.
Sec. 4. The fair market value of the property described in section 1 shall be determined by an appraisal prepared for the department of technology, management, and budget by an independent appraiser.
Sec. 5. Subject to section 6, the department of technology, management, and budget shall take the necessary steps to prepare to convey the property described in section 1 using any of the following at any time:
(a) Competitive bidding designed to realize the best value to the state, as determined by the department of technology, management, and budget.
(b) A public auction designed to realize the best value to the state, as determined by the department of technology, management, and budget.
(c) Use of real estate brokerage services designed to realize the best value to the state, as determined by the department of technology, management, and budget.
(d) Offering the property for sale for fair market value to a local unit or units of government.
(e) Offering the property for sale for less than fair market value to a local unit or units of government, subject to section 7.
Sec. 6. Before offering the property described in section 1 for public sale, the director of the department of technology, management, and budget shall first offer the property for sale for consideration of $1.00 to the county of Wayne, or an entity formed by the county of Wayne, subject to section 7. The county of Wayne, or an entity formed by the county of Wayne, shall have a first right to purchase the property for 120 days after the effective date of this act.
Sec. 7. Any conveyance to a local unit of government authorized by section 5(e) or 6 shall provide for all of the following:
(a) The property shall be used exclusively for public purposes and if any fee, term, or condition for the use of the property is imposed on members of the public, or if any of those fees, terms, or conditions are waived for use of this property, all members of the public shall be subject to the same fees, terms, conditions, and waivers.
(b) In the event of an activity inconsistent with subdivision (a), the state may reenter and repossess the property, terminating the grantee’s or successor’s estate in the property.
(c) If the grantee or successor disputes the state’s exercise of its right of reentry and fails to promptly deliver possession of the property to the state, the attorney general, on behalf of the state, may bring an action to quiet title to, and regain possession of, the property.
(d) If the state reenters and repossesses the property, the state shall not be liable to reimburse any party for any improvements made on the property.
(e) The local unit of government shall reimburse the state for requested costs necessary to prepare the property for conveyance.
(f) If the local unit of government intends to convey the property within 10 years after purchasing the property from this state, the local unit of government shall provide notice to the department of technology, management, and budget of its intent to offer the property for sale. The department of technology, management, and budget shall retain a right to first purchase the property at the original sale price within 90 days after the notice. If the state waives that right, the local unit of government shall pay to the state 40% of the difference between the sale price of the conveyance from the state and the sale price of the local unit of government’s subsequent sale or sales to a third party.
Sec. 8. The department of attorney general shall approve as to legal form the quitclaim deed authorized by this act.
Sec. 9. The state shall not reserve oil, gas, or mineral rights to the property conveyed under this act. However, the conveyance authorized under this act shall provide that, if the purchaser or any grantee develops any oil, gas, or minerals found on, within, or under the conveyed property, the purchaser or any grantee shall pay the state 1/2 of the gross revenue generated from the development of the oil, gas, or minerals. This payment shall be deposited in the general fund.
Sec. 10. The state reserves all aboriginal antiquities including mounds, earthworks, forts, burial and village sites, mines, or other relics lying on, within, or under the property with power to the state and all others acting under its authority to enter the property for any purpose related to exploring, excavating, and taking away the aboriginal antiquities.
Sec. 11. The net revenue received from the sale of property under this act shall be deposited in the state treasury and credited to the general fund. As used in this section, “net revenue” means the proceeds from the sale of the property less reimbursement for any costs to the state associated with the sale of property, including, but not limited to, administrative costs, including employee wages, salaries, and benefits; costs of reports and studies and other materials necessary to the preparation of sale; environmental remediation; legal fees; and any litigation related to the conveyance of the property.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
