Bill Text: MI SB0699 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Property; other; definition of airspace; modify. Amends 1846 RS 66 (MCL 554.131 - 554.139) by adding sec. 40. TIE BAR WITH: SB 0700'16

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2016-01-13 - Referred To Committee On Transportation [SB0699 Detail]

Download: Michigan-2015-SB0699-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 699

 

 

January 13, 2016, Introduced by Senators COLBECK, NOFS and HORN and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1846 RS 66, entitled

 

"Of estates in dower, by the curtesy, and general provisions

concerning real estate,"

 

(MCL 554.131 to 554.139) by adding section 40.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40. (1) The owner of real property has exclusive control

 

of the immediate reaches above the surface of the property. The

 

right to control under this subsection includes the right to use

 

the immediate reaches for commercial purposes.

 

     (2) The owner of real property may grant another person

 

permission to enter into the immediate reaches above the surface of

 

the property. The grant of permission to 1 person is not a grant of

 

permission to any other person.

 

     (3) An agency, employee, or agent of this state or a unit of

 

local government may enter into the immediate reaches above real

property without the permission of the owner of the property if the

 

entry is in accordance with a properly issued warrant or occurs

 

under exigent circumstances that precluded obtaining a warrant.

 

     (4) This section does not affect the following:

 

     (a) Any rights to use the immediate reaches above the surface

 

of the property for aviation as exercised or allowed under the law

 

of the United States or this state.

 

     (b) Any ordinance of a local unit of government in which the

 

property is located that relates to the immediate reaches above the

 

surface of the property.

 

     (c) Any restriction on the construction of structures on the

 

property, including, but not limited to, aerial towers, under a

 

statute, rule, or regulation of this state or the United States.

 

     (d) The rights of the owner of the real property to control

 

the atmosphere or airspace above the immediate reaches above the

 

surface of the property.

 

     (5) As used in this section:

 

     (a) "Immediate reaches above the surface of the property"

 

means the 300 feet of atmosphere or airspace immediately above the

 

surface of the property.

 

     (b) "Owner of real property" means a person that has an estate

 

of inheritance or an estate for life in the real property.

 

     (c) "Person" means an individual, partnership, corporation,

 

association, or other legal entity, other than a governmental

 

entity.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 700                                      

 

          of the 98th Legislature is enacted into law.