HOUSE BILL No. 5296


     February 3, 2000, Introduced by Reps. Birkholz, Vear, Bovin, Caul, Bradstreet, Brewer, Gosselin, Julian, Howell, Middaugh,
Lockwood, Rick Johnson, Callahan, Kukuk, Scott, Minore, Pappageorge, Ehardt and Toy and referred to the Committee on Local
Government and Urban Policy.


        A bill to amend 1954 PA 188, entitled

   "An act to provide for the making of certain improvements by
   townships; to provide for paying for the improvements by the
   issuance of bonds; to provide for the levying of taxes; to pro-
   vide for assessing the whole or a part of the cost of improve-
   ments against property benefited; and to provide for the issuance
   of bonds in anticipation of the collection of special assessments
   and for the obligation of the township on the bonds,"

   by amending section 4a (MCL 41.724a), as amended by 1986 PA 180.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 4a.  (1) If special assessments are made against prop-

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      erty, notice of hearings in the special assessment proceedings

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      shall be given as provided in this section.

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           (2) Notice of hearings in special assessment proceedings

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      shall be given to each record owner of, or party in interest in,

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      property to be assessed whose name appears upon the last township

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      tax assessment records by first class mail addressed to the

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      record owner or party in interest at the address shown on the tax


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      records, at least 10 days before the date of the hearing.  The

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      last township tax assessment records means the last assessment

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      roll for ad valorem tax purposes  which  THAT was reviewed by the

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      township board of review, as supplemented by any subsequent

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      changes in the names or the addresses of the owners or parties

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      listed on that roll.  If a record owner's name does not appear on

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      the township tax assessment records, then notice shall be given

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      by first class mail addressed to the record owner at the address

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      shown by the records of the county register of deeds at least 10

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      days before the date of THE hearing.  Notice shall also be pub-

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      lished twice before the hearing in a newspaper circulating in the

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      township.  The first publication shall be at least 10 days before

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      the date of the hearing.  EACH PUBLISHED NOTICE SHALL INCLUDE THE

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      STREET ADDRESS OF EACH PARCEL OF PROPERTY TO BE ASSESSED, IF

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      AVAILABLE.

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           (3) If a person  claims an interest in real property  whose

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      name and correct address do not appear upon the last township tax

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      assessment records CLAIMS AN INTEREST IN REAL PROPERTY, that

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      person shall  file  immediately FILE his or her name and address

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      with the township supervisor.  This filing is effective only for

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      the purpose of establishing a record of the names and addresses

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      of those persons entitled to notice of hearings in special

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      assessment proceedings.  The supervisor shall immediately enter

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      on the tax assessment records any changes in the names and

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      addresses of record owners or parties in interest filed with the

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      supervisor and at all times shall keep the tax assessment records

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      current, complete, and available for public inspection.



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           (4) A township officer  whose duty is  REQUIRED to give

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      notice of  hearings  A HEARING in special assessment proceedings

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      may rely upon the last township tax assessment records in giving

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      notice of the hearing by mail.  The method of giving notice by

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      mail as provided in this section is declared to be the method

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      that is reasonably certain to inform those to be assessed of the

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      special assessment proceedings.

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           (5) Failure to give notice as required in this section shall

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      not invalidate an entire assessment roll, but only the assessment

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      on property affected by the lack of notice.  A special assessment

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      shall not be declared invalid as to any property if the owner or

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      the party in interest of that property actually received notice,

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      waived notice, or paid any part of the assessment.  If an assess-

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      ment is declared void by court decree or judgment, a reassessment

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      against the property may be made.

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           (6)  Notwithstanding the lack of a statute providing for the

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      mailing of notice of hearings, a  A special assessment hearing

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       heretofore  held BEFORE JUNE 5, 1974 is validated, insofar as

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      any notice of hearing is concerned, if notice was given by mail

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      to the owners or parties in interest whose names appeared at the

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      time of mailing on the last township tax assessment records.  Any

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      such special assessment hearing is validated as to any owner or

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      party in interest who actually received notice of hearing, waived

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      the notice, or paid any part of the special assessment.









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