April 22, 2015, Introduced by Reps. Glenn, Iden, Kesto and Cole and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 3815 (MCL 600.3815), as amended by 2014 PA 387.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3815. (1) In an action under this chapter, evidence of
the general reputation of the building, vehicle, boat, aircraft, or
place is admissible for the purpose of proving the existence of the
nuisance.
(2) In an action under this chapter, proof of knowledge of the
existence of the nuisance on the part of 1 or more of the
defendants is not required.
(3) In an action under this chapter, it is not necessary for
the court to find the property involved was being used as and for a
nuisance at the time of the hearing, or for the plaintiff to prove
that the nuisance was continuing at the time the complaint was
filed, if the complaint is filed within 90 days after any act, any
violation, or the existence of a condition described in section
3801
as a nuisance. , but on
(4) The plaintiff in an action under this chapter has the
burden of proving the existence of the nuisance by clear and
convincing evidence. On finding that the plaintiff has satisfied
the burden of proof and that the material allegations of the
complaint are true, the court shall enter a judgment and order of
abatement as provided in this chapter.