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.