PROPERTY CONVEYANCES - H.B. 5222: FLOOR ANALYSIS


House Bill 5222 (as reported by the Committee of the Whole)

Sponsor: Representative Lynne Martinez

House Committee: Conservation and Outdoor Recreation

Senate Committee: Local, Urban and State Affairs


CONTENT


The bill would amend Public Act 363 of 1998 (which authorized the conveyance of property under the jurisdiction of the Department of Management and Budget and located in Lansing, Ingham County, to the City of Lansing) to specify that the city would have an exclusive right to purchase the property until March 31, 2001, or until 12 months after the bill's effective date, whichever was sooner. Under Public Act 363, the city had an exclusive right to purchase the property for 12 months after the Act's effective date. (Public Act 363 took effect on October 20, 1998.)


The bill also would allow the Department of Natural Resources (DNR) to convey certain parcels of real property in Ingham County now under the jurisdiction of the DNR, to the Ingham Conservation District for consideration of $1. The conveyance would have to provide that property would have to be used exclusively for the development of a nature area with the purpose of educating both students and adults about natural resources; and that, along with outdoor classroom activities, the grantee would develop nature trails, habitat demonstration sites, and possibly incorporate the property into the natural areas program.


The conveyance also would have to contain language regarding the State's right to reenter and repossess the property, upon termination of the prescribed use or use for any other purpose.


The bill specifies that the conveyance would reserve to the State all aboriginal antiquities including mounds, earthworks, forts, burial and village sites, mines or other relics, and also would reserve the right to explore and excavate for them, under Part 761 (Aboriginal Records and Antiquities) of the Natural Resources and Environmental Protection Act.


In regard to both of the conveyances subject to the bill, if any fee, term, or condition for the use of the property were waived or imposed on members of the public, resident and nonresident members of the public would have to be subject to the same.


- Legislative Analyst: N. Nagata

FISCAL IMPACT


The bill would have no fiscal impact on the State.


The DNR property described in the bill, reportedly was originally purchased over 80 years ago with Game and Fish Fund revenue to be used for a public purpose, as required by the provisions of the Fund. (It was used to raise pheasants for hunting.) It has now been declared surplus. Conveying the property for public purpose would be consistent with the provisions of the Fund. If the property were to be sold, the revenue from the sale would be deposited into the Fund, to be used for purchase of other property for public purpose. (A current appraisal of the property does not exist.)


Date Completed: 6-7-00 - Fiscal Analyst: M. Hansen



floor\hb5222 - Analysis available @ http://www.michiganlegislature.org

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.