Act No. 371

Public Acts of 2004

Approved by the Governor

October 11, 2004

Filed with the Secretary of State

October 11, 2004

EFFECTIVE DATE: October 11, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senator Van Woerkom

ENROLLED SENATE BILL No. 1120

AN ACT to authorize the state administrative board to convey certain state owned property in Mason county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.

The People of the State of Michigan enact:

Sec. 1. The state administrative board, on behalf of the state, may convey to the Mason county road commission for consideration of $1.00, for a public purpose, the state's 1/2 interest in property now under the jurisdiction of the department of management and budget and located in the township of Amber, Mason county, Michigan, and further described as follows: The East one-half of the South one-half of the North one-half of the Northwest one-quarter and the East one-half of the North one-half of the North one-half of the South one-half of the Northwest one-quarter of section 10, T18N, R17W, Amber Township, Mason County, Michigan, also a strip of land one rod wide off the North Side of the West one-Half of the South one-half of the North one-half of the Northwest one-quarter of Section 10, T18N, R17W, Amber Township, Mason County, Michigan.

Sec. 2. The conveyance authorized by section 1 shall provide for all of the following:

(a) The property shall be used exclusively for public purposes and if any fee, term, or condition for the use of the property is imposed on members of the public, or if any of those fees, terms, or conditions are waived for use of this property, resident and nonresident members of the public shall be subject to the same fees, terms, conditions, and waivers.

(b) Upon termination of the public purpose use described in subdivision (a) or in the event of use for any nonpublic purpose, the state may reenter and repossess the property, terminating the grantee's estate in the property.

(c) 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.

Sec. 3. The description of the parcel in section 1 is approximate and for purposes of the conveyance is subject to adjustments as the state administrative board or the attorney general considers necessary by survey or other legal description.

Sec. 4. The net revenue received under this act shall be deposited in the state treasury and credited to the general fund. As used in this section, "net revenue" means the proceeds from the sale of the property less reimbursement for any costs to the department of management and budget associated with the sale of the property, including the cost of securing discharge of liens or encumbrances.

Sec. 5. The conveyance authorized by this act shall be by quitclaim deed prepared and approved by the attorney general, subject to easements and other encumbrances of record. The quitclaim deed shall provide for both of the following:

(a) If the property is reentered and repossessed by the state, the state shall have no liability for any improvements made on the property.

(b) The state shall reserve all rights in aboriginal antiquities, including mounds, earthworks, forts, burial and village sites, mines, or other relics, including the right to explore and excavate for the aboriginal antiquity by the state or its authorized agents.

Sec. 6. The state shall not reserve the mineral rights to the property conveyed under this act.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor