SB-0972, As Passed Senate, March 22, 2006

SUBSTITUTE FOR

SENATE BILL NO. 972

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 2131 (MCL 324.2131), as amended by 2001 PA 174.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2131. (1) Except as otherwise provided in subsection (2)

or (3), the department may designate as surplus land any state

owned land that is under the control of the department and that has

been dedicated for public use and may, on behalf of the state, sell

that land if the department determines all of the following:

     (a) That the sale will not diminish the quality or utility of

other state owned land.

     (b) That the sale is not otherwise restricted by law.

     (c) That the sale is in the best interests of the state.

     (d) That 1 or both of the following conditions are met:

     (i) The land has been dedicated for public use for not less

than 5 years immediately preceding its sale and is not needed to

meet a department objective.

     (ii) The land is occupied for a private use through inadvertent

trespass.

     (2) The department shall not authorize the sale of surplus

land as provided in subsection (1) if the proceeds from the sale of

the land will cause the fund to exceed $2,500,000.00.

     (3) Except as provided in section 74102b, the department shall

not designate as surplus land any land within a state park or state

recreation area.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 971 of the 93rd Legislature is enacted into

law.