ACQUISITION OF PARKS

Act 153 of 1996

AN ACT to provide for the acquisition and improvement of parks by certain local units of government; to provide for special assessments; and to provide for the issuance of bonds.


History: 1996, Act 153, Imd. Eff. Apr. 3, 1996




The People of the State of Michigan enact:


141.321 Definitions.

Sec. 1.

     As used in this act:
    (a) "Park" means an area of land or water, or both, dedicated to 1 or more of the following uses:
    (i) Recreational purposes, including but not limited to landscaped tracts; picnic grounds; playgrounds; athletic fields; camps; campgrounds; zoological and botanical gardens; swimming, boating, hunting, fishing, and birding areas; and foot and bridle paths.
    (ii) Open or scenic space.
    (iii) Environmental, conservation, nature, or wildlife areas.
    (b) "Record owner" means an individual, partnership, corporation, limited liability company, association, or other legal entity, possessed of the most recent fee title or a land contract vendee's interest in land as shown by the records of the county register of deeds.


History: 1996, Act 153, Imd. Eff. Apr. 3, 1996





141.322 Acquisition or improvement of parks; financing; establishment of special assessment district; petition; acquisition by condemnation prohibited; scope of powers.

Sec. 2.

    (1) The county board of commissioners of a county may acquire or improve a park, defray all or part of the cost of the park acquisition or improvement by special assessments, and finance the park acquisition or improvement by borrowing money and issuing bonds in anticipation of the collection of the special assessments, in the same manner as a board of county road commissioners proceeding under sections 1 to 17 of Act No. 246 of the Public Acts of 1931, being sections 41.271 to 41.287 of the Michigan Compiled Laws. However, the proceedings for the establishment of a special assessment district shall be initiated by filing with the county board of commissioners a petition meeting both of the following requirements:
    (a) The petition is signed by record owners of land constituting not less than 2/3 of the total land area in the special assessment district as finally established.
    (b) The petition is signed by 2/3 of the record owners of land in the special assessment district as finally established.
    (2) The city council of a city organized under the fourth class city act, Act No. 215 of the Public Acts of 1895, being sections 81.1 to 113.20 of the Michigan Compiled Laws, may acquire or improve a park, defray all or part of the cost of the park acquisition or improvement by special assessments, and finance the park acquisition or improvement by borrowing money and issuing bonds in anticipation of the collection of the special assessments, in the same manner as authorized in an ordinance adopted under chapter XXIVA of Act No. 215 of the Public Acts of 1895, being sections 104A.1 to 104A.5 of the Michigan Compiled Laws. However, the proceedings for the establishment of a special assessment district shall be initiated by the filing of a petition meeting both of the following requirements:
    (a) The petition is signed by record owners of land constituting not less than 2/3 of the total land area in the special assessment district as finally established.
    (b) The petition is signed by 2/3 of the record owners of land in the special assessment district as finally established.
    (3) The legislative body of a city organized under the home rule city act, Act No. 279 of the Public Acts of 1909, being sections 117.1 to 117.38 of the Michigan Compiled Laws, may acquire or improve a park, defray all or part of the cost of the park acquisition or improvement by special assessments, and finance the park acquisition or improvement by borrowing money and issuing bonds in anticipation of the collection of the special assessments, in the same manner as authorized for other public improvements in charter provisions adopted under sections 4a(7) and 4d of Act No. 279 of the Public Acts of 1909, being sections 117.4a and 117.4d of the Michigan Compiled Laws. However, the proceedings for the establishment of a special assessment district shall be initiated by the filing of a petition meeting both of the following requirements:
    (a) The petition is signed by record owners of land constituting not less than 2/3 of the total land area in the special assessment district as finally established.
    (b) The petition is signed by 2/3 of the record owners of land in the special assessment district as finally established.
    (4) The legislative body of a village or the township board of a township may acquire or improve a park, defray all or part of the cost of the park acquisition or improvement by special assessments, and finance the park acquisition or improvement by borrowing money and issuing bonds in anticipation of the collection of special assessments, in the same manner as authorized by sections 1, 2, 3, and 4 of the township and village public improvement and public service act, Act No. 116 of the Public Acts of 1923, being sections 41.411, 41.412, 41.413, and 41.414 of the Michigan Compiled Laws. The proceedings for the establishment of a special assessment district shall be initiated by filing a petition meeting both of the following requirements:
    (a) The petition is signed by record owners of land constituting not less than 2/3 of the total land area in the special assessment district as finally established.
    (b) The petition is signed by 2/3 of the record owners of land in the special assessment district as finally established.


History: 1996, Act 153, Imd. Eff. Apr. 3, 1996





141.323 Condemnation prohibited.

Sec. 3.

     A county, township, city, or village shall not acquire property for a park under this act by condemnation. Property shall instead be acquired from a willing seller.


History: 1996, Act 153, Imd. Eff. Apr. 3, 1996





141.324 Additional powers not limited.

Sec. 4.

     The powers granted by this act are in addition to, and not a limitation on, those granted by law or charter.


History: 1996, Act 153, Imd. Eff. Apr. 3, 1996




Rendered 8/15/2025 1:01 AM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov