HOUSE BILL No. 4516


     March 18, 1997, Introduced by Reps. Hammerstrom and Brackenridge and referred to the Committee on Local Government.


        A bill to amend 1967 PA 288, entitled

   "Land division act,"

   by amending section 253 (MCL 560.253).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  253.  (1) When a plat is certified, signed,

 2    acknowledged, and recorded as prescribed in this act, every dedi-

 3    cation, gift, or grant to the public or any person, society, or

 4    corporation marked or noted as such on the plat shall be  deemed 

 5    CONSIDERED A sufficient conveyance to vest the fee simple of all

 6    parcels of land so marked and noted, and shall be considered a

 7    general warranty against the donors, their heirs and assigns to

 8    the donees for their use for the purposes  therein  expressed IN

 9    THE DEDICATION, GIFT, OR GRANT and  no other  ANY OTHER PUBLIC

10    USE THAT DOES NOT UNREASONABLY INTERFERE WITH OR PROHIBIT THOSE

11    PURPOSES.


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 1         (2) The land intended for the streets, alleys, commons,

 2    parks, or other public uses as designated on the plat shall be

 3    held by the municipality in which the plat is situated in trust

 4     to and  for  such  THOSE uses and purposes AND OTHER PUBLIC USES

 5    DESCRIBED IN SUBSECTION (1).

 6         (3) A PLAT THAT INCLUDES STREETS DEDICATED FOR PUBLIC USE

 7    THAT TERMINATE AT THE EDGE OF NAVIGABLE WATER IS PRESUMED TO

 8    INCLUDE THE RIGHT TO PUBLIC ACCESS TO THAT WATER, THE RIGHT TO

 9    SHORELINE ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SUNBATHING,

10    LOUNGING, OR PICNICKING, AND THE BUILDING OF STRUCTURES TO AID IN

11    PUBLIC ACCESS.

12         (4) A MUNICIPALITY MAY BY ORDINANCE REGULATE THE USAGE OF

13    STREETS DESCRIBED IN SUBSECTION (3) TO PROMOTE PUBLIC ACCESS AND

14    ENJOYMENT.

15         (5)  (3)  A reservation or an ownership interest in mineral

16    rights or underground gas storage rights in land shall not con-

17    stitute the holding of title for the purpose of signing the

18    proprietor's certificate.





















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