SB-1499, As Passed Senate, November 30, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1499

     A bill to authorize the department of natural resources to

convey certain state owned property in Roscommon county and

Crawford county; to prescribe conditions for the conveyance; and to

provide for disposition of the revenue from the conveyance.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. The department of natural resources, on behalf of the

state, shall convey to the camp Curnalia cottage owners

association, in Roscommon county, for consideration of $154.50,

certain parcels of real property under the jurisdiction of the

department of natural resources and located in Lyon township in

Roscommon county, Michigan, and Beaver Creek township in Crawford

county, Michigan, as follows:

     (a) A parcel of land located in Lyon township, Roscommon

county, described as:

     The entire fractional Section 2 in T24N, R4W, except that part

thereof lying easterly of a southerly extension of the north and

south 1/4 line of Section 35, T25N, R4W from the south 1/4 corner

or said Section 35.

     (b) A parcel of land located in Beaver Creek township,

Crawford county, described as:

     S 1/2 of S 1/2 of SE 1/4 of SW 1/4, Section 35, Town 25 North,

Range 4 West, and S 1/2 of NE 1/4 of SE 1/4 of SE 1/4 of SW 1/4,

Section 35, Town 25 North, Range 4 West, containing 11.25 acres.

     Sec. 2. The descriptions of the parcels in section 1 are

approximate and for purposes of the conveyance are subject to

adjustments as the department of natural resources or the attorney

general considers necessary by survey or legal description.

     Sec. 3. The conveyance authorized by this act shall provide

for all of the following:

     (a) The property shall be used by the grantee exclusively for

residential cottages and allied recreational purposes for the

benefit of ex-service personnel, their spouses, and direct lineal

descendants, consistent with the purpose prescribed in prior leases

executed in this state for the use and occupancy of those lands.

     (b) Upon termination of the use described in subdivision (a),

use for any other purpose, or a violation of the requirement of

section 4, 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. 4. The conveyance authorized under this act shall require

all of the following:

     (a) The use and eligibility for ownership of residences and

grounds within the property shall be limited to ex-service

personnel, their spouses, and direct lineal descendants.

     (b) The camp Curnalia cottage owners association shall enforce

the requirement of subdivision (a).

     (c) The camp Curnalia cottage owners association shall not

amend its bylaws or rules in a manner that violates the requirement

of subdivision (a), or fail to enforce the requirement of

subdivision (a).

     (d) Any further conveyance by the camp Curnalia cottage owners

association of all or any part of the property conveyed under this

act, whether by deed, operation of law, or otherwise, shall be made

specifically subject to the requirements of subdivision (a).

     Sec. 5. The department of natural resources shall require, as

a condition of entering into the conveyance authorized under this

act, that any and all leasehold interests in the property described

in section 1 be terminated in accordance with the terms of the

leases.

     Sec. 6. The conveyance authorized by this act shall be by

quitclaim deed approved by the attorney general and shall reserve

mineral rights to the state and also 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. 7. The revenue received under this act shall be deposited

in the state treasury and credited to the general fund.