November 14, 2006, Introduced by Reps. Drolet, Tobocman and Lemmons, III and referred to the Committee on Government Operations.
A bill to amend 1945 PA 344, entitled
"An act to authorize counties, cities, villages and townships of
this state to adopt plans to prevent blight and to adopt plans for
the rehabilitation of blighted areas; to authorize assistance in
carrying out such plans by the acquisition of real property, the
improvement of such real property and the disposal of real property
in such areas; to prescribe the methods of financing the exercise
of these powers; and to declare the effect of this act,"
by amending sections 2, 3, and 5 (MCL 125.72, 125.73, and 125.75),
sections 2 and 3 as amended by 1986 PA 320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Blighted area" means a portion of a municipality,
developed or undeveloped, improved or unimproved, with business or
residential uses, marked by a demonstrated pattern of deterioration
in physical, economic, or social conditions, and characterized by
such conditions as functional or economic obsolescense of buildings
or the area as a whole, physical deterioration of structures,
substandard building or facility conditions, improper or
inefficient division or arrangement of lots and ownerships and
streets and other open spaces, inappropriate mixed character and
uses of the structures, deterioration in the condition of public
facilities or services, or any other similar characteristics which
endanger the health, safety, morals, or general welfare of the
municipality, and which may include any buildings or improvements
not in themselves obsolescent, and any real property, residential
or nonresidential, whether improved or unimproved, the acquisition
of which is considered necessary for rehabilitation of the area. It
is expressly recognized that blight is observable at different
stages of severity, and that moderate blight unremedied creates a
strong probability that severe blight will follow. Therefore, the
conditions that constitute blight are to be broadly construed to
permit a municipality to make an early identification of problems
and to take early remedial action to correct a demonstrated pattern
of deterioration and to prevent worsening of blight conditions.
(b) "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.
(c) (b)
"Municipality" means a county, city,
village, or
township in the state.
(d) (c)
"Development plan" means a plan for the
rehabilitation of all or any part of a blighted area.
(e) (d)
"Development area" means that portion of a
blighted
area to which a development plan is applicable.
(f) (e)
"Real property" means land, buildings,
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,
or appurtenant thereto, legal or equitable, including rights of
way, terms for years, and liens, charges, or incumbrances by
mortgage, judgment, or otherwise.
(g) (f)
"Local taxes" means state, county, city,
village,
township and school taxes, any special district taxes, and any
other tax on real property, but does not include special assessment
for local benefit improvements.
(h) (g)
"Public use" when used with reference to
land
reserved for public use means only such uses as are for the general
use and benefit of the public as a whole, such as schools,
libraries, public institutions, administration buildings, parks,
boulevards, playgrounds, streets, alleys, or easements for sewers,
public lighting, water, gas, or other similar utilities.
(i) (h)
"Project" means all of the undertakings
authorized
in this act for the rehabilitation of a blighted area.
Sec. 3. A municipality may bring about the rehabilitation of
blighted areas and the prevention, reduction, or elimination of
blight, blighting factors, or causes of blight, and for that
purpose
may acquire do any of the following:
(a)
Acquire real property by purchase,
gift, or exchange.
,
or
(b)
Acquire blighted property by condemnation. ,
and may
lease,
(c)
Lease, sell, renovate, improve, or
exchange such
blighted
property or other real property in
accordance with the
provisions
of state constitution of
1963 and this act.
Sec. 5. (1) For the accomplishment of the purposes of this
act, the municipality shall 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 and
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. No A
resident owner in a development
area may not be dispossessed after condemnation under the
provisions of this act until other adequate housing accommodations
are available, to the people displaced.