H.B. 5450: COMMITTEE SUMMARY EAST BAY TWP CONVEYANCE
House Bill 5450 (as passed by the House) Sponsor: Representative Michelle McManus House Committee: Regulatory Affairs
Senate Committee: Local, Urban and State Affairs
Date Completed: 3-5-96
The bill would authorize the Department of Natural Resources (DNR) to convey to East Bay Township, for $1, certain real property under the jurisdiction of the DNR and located in Grand Traverse County. The bill also would authorize the State Administrative Board to convey to Chippewa Soil Conservation District, for $1, property under the jurisdiction of the Department of Agriculture and located in Dafter Township, Chippewa County.
The DNR conveyance would have to require that the property be used for a public purpose and provide that it would be subject to requirements (described below) concerning park or recreational use; as well as provide that upon termination of that use, or upon use for any other purpose, title to the property would revert immediately to the State, which would assume no liability for any improvements made by any other party. The conveyance also would have to provide that if the property were used for a public park or other public recreational purposes, all members of the public, residents, nonresidents, or organizations, using the property would be subject to the same annual and daily fees, terms, and conditions. In addition, the conveyance would have to provide that the grantee could waive daily fees or waive fees for the use of specific areas or facilities in the case of use by specified groups or classes of persons, but the waiver of fees would have to apply to all members of that group or class regardless of their residence.
The Department of Agriculture conveyance would have to require that the property be used exclusively for public purposes, and provide that upon termination of that use, or upon use for any other purpose, title would revert immediately to the State, which would assume no liability for improvements made at the grantee’s expense.
Both of the authorized conveyances would have to be by quitclaim deed approved by the Attorney General and reserve to the State all rights to coal, oil, gas, and other nonmetallic minerals found on, within, or under the conveyed property.
Legislative Analyst: S. Margules
To the degree that the property currently is used for a public purpose and managed by a local unit, and would be conveyed to that local unit to protect the public purpose use of the land, there would be no financial impact on the State except in terms of potential revenue associated with a fair market value sale of the property.
Fiscal Analyst: R. Abent
S9596\S5450SA
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.
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