Act No. 17

Public Acts of 1998

Approved by the Governor

March 9, 1998

Filed with the Secretary of State

March 9, 1998

EFFECTIVE DATE: March 9, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Reps. Alley, Gagliardi, Profit and Middaugh

ENROLLED HOUSE BILL No. 5222

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 2102a.

The People of the State of Michigan enact:

Sec. 2102a. If the state sells or transfers land containing a Michigan trailway established under part 721, an off-road vehicle trail established under part 811, or a snowmobile trail established under part 821, the state shall retain an easement for the continued use of the trail or trailway. If the trail or trailway at issue is subject to an interest by which the trail or trailway could be transformed into or reactivated as a railroad, then the sale or transfer of the trail or trailway is subject to the rail interest and any easement retained by the state on the trail or trailway is also subject to the rail interest.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.