Act No. 407

Public Acts of 2000

Approved by the Governor

January 5, 2001

Filed with the Secretary of State

January 8, 2001

EFFECTIVE DATE: January 8, 2001

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Senator Hoffman

ENROLLED SENATE BILL No. 1337

AN ACT to authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange; and to authorize the department of natural resources to convey certain state owned property in the county of Charlevoix.

The People of the State of Michigan enact:

Sec. 1. (1) The state administrative board, on behalf of the state and subject to the terms stated in this section, may convey to the Grand river environmental action team (GREAT), a private nonprofit institution with offices in Jackson, Michigan, certain property now under the jurisdiction of the department of corrections in the township of Blackman, Jackson county, Michigan, and further described as follows:

Parcel A

Town 2 South, Range 1 West located in Blackman Township, Jackson County, Michigan, being those lands under the jurisdiction of the Department of Corrections, and lying in the West Half of Section 14 and lying west of the center line of the Grand River as currently relocated by the Grand River Drain Relocation.

(2) In exchange for the property described in subsection (1), the department of corrections must receive from the Grand river environmental action team ownership of the 2 nearby parcels on the opposite side of the Grand river, which are further described as follows:

Parcels B and C

Town 2 South, Range 1 West located in Blackman Township, Jackson County, Michigan, being those lands owned by the Grand River Environmental Action Team (G.R.E.A.T.), and lying in the West Half of Section 14, and lying east of the center line of the Grand River as currently relocated by the Grand River Drain Relocation.

(3) The state shall retain all development and mineral rights associated with parcel A while acquiring all development and mineral rights associated with parcels B and C, to help preserve the state's security and conservation interests in parcels A, B, and C.

(4) The descriptions of the parcels in subsections (1) and (2) are approximate and for purposes of the conveyance are subject to adjustments as the state administrative board, the department of management and budget, or the attorney general considers necessary by survey or other legal description.

(5) Before any of the property described in subsection (1) is deeded by the state to the Grand river environmental action team, the latter shall execute a conveyance of the parcels described in subsection (2) to the former. After that conveyance to the state is received, the attorney general shall promptly examine the title to the lands deeded to the state in the conveyance and certify in writing to the department of management and budget whether or not the conveyance is sufficient to vest in the state a good and sufficient title to the land, free from any deleterious liens and encumbrances. If the attorney general certifies that the deed vests in the state a good and sufficient title to the deeded lands, free from any deleterious liens or encumbrances, the department of management and budget shall execute a quitclaim deed on behalf of the state to the Grand river environmental action team, written in accordance with all other terms of this act, for the property described in subsection (1). The quitclaim deed shall be approved in advance of execution by the attorney general as to form.

(6) The department of management and budget is responsible for brokering, managing, and implementing the land exchange on behalf of the state, in accordance with the provisions of this section. The department of management and budget shall be compensated directly by the department of corrections or by the Grand river environmental action team, or both, as the parties may mutually agree in advance, for all costs incurred in discharging those functions, including, but not limited to, the costs of commissioning any professional surveys the department of management and budget considers necessary and prudent.

Sec. 2. (1) The department of natural resources, on behalf of the state, may convey to the Charlevoix conservation district, for consideration of $1.00, certain state owned property now under the jurisdiction of the department of natural resources and located in the city of Boyne, T33N, RSW, Section 35, and further described as follows:

Lots 1 and 2 of George W. Bailey's Addition to Boyne City.

(2) The conveyance authorized by this section shall provide for both of the following:

(a) That the property shall be used exclusively for the purpose of office facilities for the Charlevoix conservation district and that upon termination of that use or use for any other purpose, the state may reenter and repossess the property, terminating the grantee's estate in the property.

(b) That if the grantee disputes the state's exercise of its right of reentry and fails to promptly deliver possession of the property to the state, the attorney general, on behalf of the state, may bring an action to quiet title to, and regain possession of, the property.

(3) The parcel described in subsection (1) is approximately 1/2 acre. The description of that parcel is approximate, and for purposes of conveyance is subject to adjustments as the department of natural resources or attorney general considers necessary by survey or other legal description.

(4) The conveyance authorized by this section shall be by quitclaim deed approved by the attorney general and shall reserve mineral rights to the state.

(5) The revenue received under this section shall be deposited in the state treasury and credited to the general fund.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.