Bill Text: MI HB5218 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Land use; farmland and open space; transfer of ownership or division of farmland; increase fee for. Amends sec. 36110 of 1994 PA 451 (MCL 324.36110).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-11 - Printed Bill Filed 08/05/2009 [HB5218 Detail]

Download: Michigan-2009-HB5218-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5218

 

August 4, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Agriculture.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 36110 (MCL 324.36110), as amended by 1996 PA

 

233.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 36110. (1) Land subject to a development rights agreement

 

or easement may be sold without penalty under sections section

 

36111, 36112, and or 36113 , if the use of the land by the

 

successor in title complies with the provisions contained in the

 

development rights agreement or easement. The seller shall notify

 

the governmental authority having jurisdiction over the development

 

rights of the change in ownership.

 

     (2) If the owner of land subject to a development rights

 

agreement or easement dies or becomes totally and permanently

 

disabled or when if an individual essential to the operation of the

 

farm dies or becomes totally and permanently disabled, the land may

 

be relinquished from the program under this part and is subject to

 

a lien pursuant to sections section 36111(11), 36112(7), and or

 

36113(7). A request for relinquishment under this section shall be

 

made within 3 years from after the date of death or disability. A

 

request for relinquishment under this subsection shall be made only

 

by the owner in case of a disability or , in case of death, the

 

person who becomes the owner through survivorship or inheritance in

 

case of death.

 

     (3) If an owner of land subject to a development rights

 

agreement becomes totally and permanently disabled or dies, land

 

containing structures that were present before the recording of the

 

development rights agreement may be relinquished from the

 

agreement, upon request of the disabled agreement holder or upon

 

request of the person who becomes an owner through survivorship or

 

inheritance, and upon approval of the local governing body and the

 

state land use agency. Not more than 2 acres may be relinquished

 

under this subsection unless additional land area is needed to

 

encompass all of the buildings located on the parcel, in which case

 

not more than 5 acres may be relinquished. If the parcel proposed

 

to be relinquished is less in area than the minimum parcel size

 

required by local zoning, the parcel may not be relinquished unless

 

a variance is obtained from the local zoning board of appeals to

 

allow for the smaller parcel size. The portion of the farmland

 

relinquished from the development rights agreement under this

 

subsection is subject to a lien pursuant to section 36111(11).

 

     (4) The land described in a development rights agreement may

 

be divided into smaller parcels of land. , each of which Each

 

smaller parcel shall be covered by a separate development rights

 

agreement and each of which shall be that is eligible for

 

subsequent renewal. The separate development rights agreements

 

shall contain the same terms and conditions as the original

 

development rights agreement. The smaller parcels created by the

 

division must meet the minimum requirements for being enrolled

 

under this act part or be 40 acres or more in size. Farmland may be

 

divided once under this subsection without fee by the state land

 

use agency. The state land use agency may charge a reasonable fee

 

not greater than the state land use agency's actual cost of

 

dividing the agreement for all subsequent divisions of that

 

farmland. When a division of a development rights agreement is made

 

under this subsection and is executed and recorded, the state land

 

use agency shall notify the applicant, the local governing body and

 

its assessing office, all reviewing agencies, and the department of

 

treasury.

 

     (5) As used in this section, "individual essential to the

 

operation of the farm" means a co-owner, partner, shareholder, farm

 

manager, or family member, who, to a material extent, cultivates,

 

operates, or manages farmland under this act part. An individual is

 

considered involved to a material extent if that individual does 1

 

or more of the following:

 

     (a) Has a financial interest equal to or greater than 1/2 the

 

cost of producing the crops, livestock, or products and inspects

 

and advises and consults with the owner on production activities.

 

     (b) Works 1,040 hours or more annually in activities connected

 

with production of the farming operation.

 

     (6) The state land use agency may charge and collect a fee of

 

$25.00 $50.00 before January 1, 2013 or $75.00 on or after January

 

1, 2013 to process each change of ownership under subsection (1) or

 

each division under subsection (4). The However, the state land use

 

agency shall not charge a fee the first time farmland is divided

 

under subsection (4). A fee collected under this subsection shall

 

be used by the state land use agency to administer this act part.