November 14, 2006, Introduced by Rep. Kolb and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding chapter 80A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 80A.
LAND USE COURT
Sec. 8051. As used in this chapter, "land use dispute" means
an action on dispute that is primarily concerned with land use or
zoning issues.
Sec. 8053. (1) The land use court is created and is a court of
record.
(2) The land use court shall be located in 1 or more counties
as determined by the supreme court.
(3) The land use court shall maintain its staff and support
services at the seat of government.
(4) The land use court shall be funded from annual
appropriations to the supreme court.
Sec. 8055. (1) The supreme court shall assign to the land use
court persons who have been elected to and served as judges in this
state and who have requested to be considered for that assignment.
In making assignments to the land use court, the supreme court
shall consider a person's experience in presiding over actions
involving land use in this state. The supreme court shall endeavor
to reflect the ethnic and racial diversity of the state population
and the statewide judicial bench when making the assignments under
this subsection.
(2) The total number of judges assigned to the land use court
shall reasonably reflect the caseload of the land use court.
(3) The duration of a judge's assignment to the land use court
shall be at least 3 years.
(4) The county clerk of the county in which the land use court
sits shall be the clerk for the land use court. The land use court
clerk shall deputize staff designated by the supreme court to
receive all pleadings filed in the land use court.
(5) The Michigan judicial institute shall provide appropriate
training for judges who are assigned as judges of the land use
court.
Sec. 8057. (1) The land use court has concurrent jurisdiction
over land use disputes in which the amount in controversy exceeds
$25,000.00.
(2) An action that involves a land use dispute may be
maintained in the land use court although it also involves claims
that are not land use disputes.
Sec. 8059. (1) An action may be filed in the land use court by
filing a complaint with the clerk of the land use court.
(2) Practice and procedure in the land use court, the form and
manner of pleadings, and the manner of service of process shall be
in accordance with special rules for the land use court adopted by
the supreme court.
Sec. 8061. Before a civil action is filed in the land use
court, the party bringing the action shall pay a filing fee in the
amount of $200.00. Each month the clerk of the land use court shall
deposit with the state treasurer all fees collected, securing and
filing a receipt for all the fees deposited.
Sec. 8063. (1) A defendant in an action commenced in the land
use court, a plaintiff against whom a counterclaim is filed in that
action, or any party added by motion of the original parties as a
plaintiff, defendant, or third-party defendant, may cause the
entire case to be transferred to the circuit court in a county in
which venue is proper by filing a notice of transfer with the clerk
of the land use court within 28 days after the date on which the
party was served with the pleading that gives it the right to
transfer.
(2) Within 14 days after the filing of an answer to a
complaint or a motion by a defendant for summary disposition,
whichever is earlier, the judge to whom the case has been assigned
shall make a determination, based solely upon the complaint and
answer or the motion, whether the case is primarily a land use
dispute. If the judge determines that it is not, the court shall
notify the plaintiff of that decision, and the plaintiff has 14
days after service of the court's notification to transfer the case
to the circuit court in a county in which venue is proper. If the
plaintiff does not transfer the case to the circuit court, the
judge of the land use court shall do so. Subject to subsection (3),
if the judge determines that it is primarily a land use dispute,
the case shall proceed in the land use court.
(3) If, at the time of or after the filing of the defendant's
answer or motion for summary disposition, parties or claims are
added or deleted, the judge to whom the case is assigned, not later
than 14 days after the answer or motion is filed, shall again make
a determination, based solely upon the pleadings as they then
exist, whether the case is then primarily a land use dispute. If
the judge determines that it is not, the court shall notify the
plaintiff of that decision, and the plaintiff has 14 days after
service of the court's notification to transfer the case to the
circuit court in a county in which venue is proper. If the
plaintiff does not transfer the case to the circuit court, the
judge of the land use court shall do so. If the judge determines
that it is primarily a land use dispute, the case shall proceed in
the land use court. However, if parties or claims are later added
or deleted, the procedures in this subsection apply again.
(4) Any determination by a judge of the land use court made
under subsections (2) and (3) is final and may not be reviewed or
altered by the circuit court to which a case is transferred.
(5) If a defendant in an action commenced in the land use
court, a plaintiff against whom a counterclaim is filed in such an
action, or any party added by motion of the original parties as a
plaintiff, defendant, or third-party defendant transfers the action
to the circuit court as provided in subsection (1), or the judge
determines under subsection (2) or (3) that the case is not
primarily a land use dispute and the case is transferred to the
circuit court, the clerk of the land use court shall forward to the
circuit court, as a filing fee, a portion of the filing fee paid at
the commencement of the action in the land use court that is equal
to the filing fee otherwise required in the circuit court.
Sec. 8065. Unless a party removes an action filed in the land
use court to the circuit court pursuant to section 8063, all
parties to an action in the land use court shall be considered to
have waived the right to trial by jury.
Sec. 8067. The land use court has the same power to subpoena
witnesses and require the production of books, papers, records,
documents, electronic documents, and any other evidence and to
punish for contempt as the circuit court has. The judge and clerk
of the land use court may administer oaths and affirmations and
take acknowledgments of instruments by electronic means. An oath or
affirmation taken from a person located outside of this state and
pursuant to the laws of the jurisdiction in which the person is
located shall be considered to be an oath or affirmation authorized
by the laws of this state.
Sec. 8069. An action in the land use court shall be heard by
the judge without a jury. The court may grant a new trial upon the
same terms and under the same conditions and for the same reasons
as prevail in the case of the circuit court of this state, in a
case heard by a judge without a jury.
Sec. 8071. (1) An appeal from the land use court shall be to
the court of appeals, as prescribed by supreme court rules.
(2) The clerk of the land use court shall immediately furnish
the parties to every action with notice of entry of any final order
or judgment. The time within which an appeal as of right may be
taken shall be governed by supreme court rules.
Sec. 8073. The supreme court shall provide by rule for an
alternative dispute resolution for matters before the land use
court.
Sec. 8075. Not later than October 1, 2009, the state court
administrator shall submit a written report to the legislature on
the operation of the land use court. The report shall include the
state court administrator's recommendations, if any, for expanding
the jurisdiction of the land use court over other matters.
Sec. 8077. (1) A legislative oversight committee on the land
use court is created. The committee shall consist of 3 members of
the house of representatives appointed by the speaker of the house
of representatives, 1 of whom shall not be a member of the majority
party, and 3 members of the senate appointed by the majority leader
of the senate, 1 of whom shall not be a member of the majority
party. Members shall be appointed or removed in the same manner as
members of standing committees are appointed or removed in each
house. Vacancies shall be filled in the same manner as original
appointments. Members of the committee may be reimbursed for
expenses incurred in the administration of their duties.
(2) Annually the committee shall elect from its membership a
chairperson and alternate chairperson, who shall be from different
houses, with the first chairperson being from the house of
representatives. The position of chairperson shall alternate
between the senate and the house of representatives.
(3) The business that the committee performs shall be
conducted at a public meeting of the committee held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Public notice of the time, date, and place of the meeting shall be
given in the manner required by that act.
(4) Special meetings of the committee shall be held on call of
the chairperson or a majority of the committee. The committee shall
prescribe rules for its own procedure. A majority of the committee
constitutes a quorum. Any recommendation of the committee requires
the concurrence of a majority of its membership. As used in this
subsection, "majority" means at least 2 of the 3 members appointed
by the speaker of the house and at least 2 of the 3 members
appointed by the majority leader of the senate.
(5) The committee shall do all of the following for the period
beginning January 1, 2007 and ending December 31, 2008:
(a) Monitor the development of the land use court.
(b) Consider and respond to court rules proposed or adopted by
the supreme court.
(c) In cooperation with the state court administrative office,
determine if further legislation is needed to facilitate the
implementation of the land use court or to expand the jurisdiction
of the land use court.
(6) The committee shall report, in writing, to the
chairpersons of the standing committees of the senate and the house
of representatives having jurisdiction over legislation pertaining
to the judiciary, on the topics listed in subsection (5)(a) to (c),
and may accompany the report with proposed bills to implement its
recommendations.