November 14, 2006, Introduced by Reps. Lemmons, III, Tobocman and Drolet and referred to the Committee on Commerce.
A bill to amend 1949 PA 208, entitled
"An act to authorize cities, villages and townships of this state
to designate neighborhood areas for the purpose of planning and
carrying out local public improvements for the prevention of blight
within such areas; to authorize assistance in carrying out plans
for local improvements by the acquisition and disposal of real
property in such areas; to provide for the combining of
neighborhood improvements that benefit the entire neighborhood into
1 improvement project; to provide for the establishment of local
assessment districts coterminous with the neighborhood boundaries;
to prescribe the methods of financing the exercise of these powers,
and to declare the effect of this act,"
by amending sections 2 and 4 (MCL 125.942 and 125.944).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. The following terms whenever used or referred to As
used
in this act: shall
have the following respective meanings,
unless
a different meaning clearly appears from the context:
Wherever
appropriate the singular includes the plural and
plural
includes the singular;
(a) "Neighborhood
area" shall mean means a portion of a
municipality which
that has been delimited as a neighborhood unit
in a plan of neighborhoods adopted by the legislative body, which
plan shall
have has the function of designating the service area
of
elementary schools, playgrounds, or other local improvements. ;
(b) "Real
property" shall include includes land, building
improvements, land under water, waterfront property, and any and
all easements, franchises, and hereditaments, corporeal or
incorporeal, and every estate, interest, privilege, easement,
franchise, and
right therein to that property, or
appurtenant
thereto
to that property, legal or equitable, including rights-of-
way, terms for years, and liens, charges, or incumbrances by
mortgage,
judgment, or otherwise. ;
(c) "Municipality" shall
mean any duly incorporated means
a
city,
village, or township. ;
(d) "Legislative
body" shall mean means the city council,
city
commission, board of aldermen, township
board, or other
legislative
body having the power to
pass ordinances or measures
and
to otherwise legislate concerning of
a city, village, or
township. affairs;
(e) "Public use", when used with reference to land reserved
for such
that purpose,
shall mean means and be
deemed to
relate
relates to such uses as are for the general benefit of
the public, such as schools, libraries, public institutions,
administration buildings, parks, boulevards, playgrounds, streets,
alleys, easements or sewers, public lighting, water, gas, or other
similar
utilities, or improvements. ;
(f) "Privately
owned lands" shall mean means all land not
held by the municipal body, county, state, or federal government
for
public purposes. ;
(g) "Owner" shall
mean means any person
, or
persons,
natural or corporate, owning a legal or equitable title to the
land. ;
(h) "Project" shall
mean means all of the undertakings
herein
authorized in
this act for the improvement of a
neighborhood area.
(i) "Blighted property" means property that meets any of the
following criteria:
(i) The property has been declared a public nuisance in
accordance with a local housing, building, plumbing, fire, or other
related code or ordinance.
(ii) The property is an attractive nuisance because of physical
condition or use.
(iii) The property is a fire hazard or is otherwise dangerous to
the safety of persons or property.
(iv) The property has had the utilities, plumbing, heating, or
sewerage disconnected, destroyed, removed, or rendered ineffective
for a period of 1 year or more so that the property is unfit for
its intended use.
(v) The property is tax reverted property owned by a qualified
local governmental unit, by a county, or by this state. The sale,
lease, or transfer of tax reverted property by a qualified local
governmental unit, county, or this state shall not result in the
loss to the property of the status as blighted for purposes of this
act.
(vi) The property is owned or is under the control of a land
bank fast track authority under the land bank fast track act, 2003
PA 258, MCL 124.751 to 124.774, whether or not located within a
qualified local governmental unit, as that term is defined in
section 2 of the brownfield redevelopment financing act, 1996 PA
381, MCL 125.2652. The sale, lease, or transfer of the property by
a land bank fast track authority shall not result in the loss to
the property of the status as blighted property for purposes of
this act.
(vii) The property is improved real property that has remained
vacant for 5 consecutive years and that is not maintained in
accordance with applicable local housing or property maintenance
codes or ordinances.
(viii) The property has code violations posing a severe and
immediate health or safety threat and has not been substantially
rehabilitated within 1 year after the receipt of notice to
rehabilitate from the appropriate code enforcement agency or final
determination of any appeal, whichever is later.
Sec.
4. (1) For the
accomplishment of the purposes
of this
act, the municipality may acquire fee simple title in real property
by
purchase, gift, or exchange
, and may acquire fee simple title
to
blighted property by condemnation. or
otherwise, and The
municipality
shall then apply such
that blighted property or
other
real property thereafter
to the expressed purposes of this
act.
(2) The
With regard to blighted
property, the local
legislative body may institute and prosecute proceedings under the
power of eminent domain in accordance with the state constitution
of 1963 and the laws of the state or provisions of any local
charter
relative to condemnation. The purposes contemplated by
this
act are hereby declared to be public purposes within the
meaning
of the constitution, state laws and charters relative to
the
power of eminent domain.