UNCONDITIONAL ABANDONMENT; TRUNKLINE S.B. 239:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 239 (as introduced 3-15-17)
Sponsor: Senator Tom Casperson
CONTENT
The bill would amend Public Act 12 of 1925, which pertains to State trunk line highways, to specify that an unconditional abandonment under the Act would vest title in the portion of State trunk line highway being abandoned in the county, city, or village with jurisdiction over that portion.
Public Act 12 of 1925 directed the State highway commissioner (now the Michigan Department of Transportation) to establish up to 500 miles of additional trunk line highways on routes best adapted to serve the demands of public travel in various sections of the State.
The Department is authorized to change, alter, or abandon the location of any portion of a trunk line highway when doing so will best serve the public interest and will not increase the trunk line mileage. Before a portion of a State trunk line highway is abandoned, the county road commission or the governing body of the city, village, or township to whose jurisdiction that portion will return must be given an opportunity to object. In addition, when a board of county road commissioners or the governing body of the city or village to whose jurisdiction any trunk line highway would return upon relinquishment indicates by resolution that it does not wish to accept jurisdiction of the entire width of the right-of-way of the trunk line highway, the Department is authorized to absolutely discontinue and abandon the part of the width that is not accepted.
The bill specifies that an unconditional abandonment under the Act would vest title in the portion of State trunk line highway being abandoned in the county, city, or village that had jurisdiction over that portion.
The bill would take effect 90 days after it was enacted.
Proposed MCL 250.113 Legislative Analyst: Drew Krogulecki
FISCAL IMPACT
The bill could have an indeterminate impact on State and local funding. Data on the number of trunkline miles abandoned per year by the Department are not currently available; however, local miles are a factor in determining Michigan Transportation Fund (MTF) distributions to counties, as are local miles and trunkline miles for cities and villages. Trunkline abandonments by the Department that transfer jurisdiction of large amounts of mileage to counties or cities and villages have the potential to shift MTF funding for those local units at a rate of several thousand dollars per mile.
Fiscal Analyst: Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.