HOUSE BILL No. 6045

 

May 10, 2006, Introduced by Reps. Taub, Farrah, Elsenheimer, Hildenbrand, Stakoe, Amos, Garfield, Leland, Tobocman, Accavitti, Clack, Condino, Clemente, McConico, Hunter and Cheeks and referred to the Committee on Local Government and Urban Policy.

 

     A bill to amend 1984 PA 431, entitled

 

"The management and budget act,"

 

by amending section 251 (MCL 18.1251), as amended by 1999 PA 8.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 251. (1) This section applies to all real property of the

 

state except all of the following:

 

     (a) Property under the jurisdiction of the state

 

transportation department.

 

     (b) Property under the jurisdiction of a state institution of

 

higher education.

 

     (c) Property under the jurisdiction of the department of

 

natural resources.

 

     (d) Property under the jurisdiction of the department of

 

military affairs.

 

     (2) The department shall provide for the development and


 

maintenance of real property records and facility inventories. The

 

department may award appropriate service contracts or employ land

 

surveyors to survey, monument, map, describe, and record real

 

property and facilities.

 

     (3) The department shall issue directives to provide for the

 

disposition process for facilities and lands that are considered

 

surplus. The department shall require a public notice component in

 

its directives regarding the disposition process under this

 

subsection.

 

     (4) Before offering real property for public sale, the

 

director of the department of management and budget shall first

 

offer the property for sale for less than fair market value to the

 

local units of government in which the property is located. In

 

order to exercise its right to purchase the property under this

 

subsection, a local government must enter into a purchase agreement

 

within 60 days after the date of the offer and shall complete the

 

purchase within 120 days after the date of the offer. Except as

 

provided under subsection (5), if a local unit of government

 

purchases the property and, within 1 year after the date of that

 

purchase, conveys the property for use other than for public

 

purposes, the local unit of government shall pay to the state 50%

 

of the net profit, if any, realized from that conveyance.

 

     (5) A local unit of government may utilize the savings of

 

property purchased under subsection (4) to create or improve the

 

overall economic opportunities for the local unit of government and

 

its residents. Property purchased under this subsection may be used

 

for nonpublic purposes, and the local unit of government may


 

proceed either in its own right, in conjunction with a private

 

entity, or through the sale of the property under the terms and

 

conditions which comply with the restrictions of this subsection.