Bill Text: MI HB5057 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Property; other; adverse possession of property; eliminate. Amends secs. 5801, 5821 & 5867 of 1961 PA 236 (MCL 600.5801 et seq.).

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2013-10-08 - Printed Bill Filed 10/04/2013 [HB5057 Detail]

Download: Michigan-2013-HB5057-Introduced.html

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HOUSE BILL No. 5057

 

 

October 3, 2013, Introduced by Reps. Johnson, Rendon, Goike, Lauwers, Daley, Robinson and Bumstead and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 5801, 5821, and 5867 (MCL 600.5801, 600.5821,

 

and 600.5867), section 5821 as amended by 1988 PA 35.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5801. (1) No Subject to subsection (2), a person may not

 

bring or maintain any an action for the recovery or possession of

 

any lands real property or make any an entry upon any lands on real

 

property unless, after the claim or right to make the entry first

 

accrued accrues to himself the person or to someone through whom he

 

the person claims, he the person commences the action or makes the

 

entry within whichever of the following periods of time prescribed

 

by this section.limitation is applicable:

 

     (a) (1) When If the defendant claims title to the land in

 

question real property by or through some a deed made upon on the

 

sale of the premises property by an executor, administrator, a

 

personal representative, guardian, or testamentary trustee; or by a

 

sheriff or other proper ministerial officer under the an order,

 

judgment, or process , or decree of a court or legal tribunal of

 

competent jurisdiction within in this state; , or by a sheriff upon

 

on a mortgage foreclosure sale, the period of limitation is 5

 

years.

 

     (b) (2) When If the defendant claims title under some a deed

 

made by an officer of this state or of the United States who is

 

authorized to make deeds upon on the sale of lands real property

 

for taxes assessed and levied within in this state, the period of

 

limitation is 10 years.

 

     (c) (3) When If the defendant claims title through a devise in

 

any a will, the period of limitation is 15 years after the probate

 

of the will in this state.

 

     (d) (4) In all other cases under this section, If subdivisions

 

(a) to (c) do not apply, the period of limitation is 15 years.

 

     (2) The periods of limitation for bringing or maintaining an

 

action for the recovery or possession of real property do not apply

 

to a person if an adverse party is asserting a claim to the

 

property based on adverse possession or acquiescence.

 

     Sec. 5821. (1) Actions An action for the recovery of any land

 

where the real property to which this state is a party are is not

 

subject to the periods of limitations, limitation or laches.

 

However, a person who could have asserted claim to title by adverse

 

possession for more than 15 years is entitled to seek any other

 

equitable relief in an action to determine title to the land.

 

     (2) Actions An action brought by any a municipal corporations

 

corporation for the recovery of the possession of any a public

 

highway, street, alley, or any other public ground are is not

 

subject to the periods of limitations.limitation.

 

     (3) The periods of limitations limitation prescribed for

 

personal actions apply equally to personal actions brought in the

 

name of the people of this state , or in the name of any an officer

 

, or otherwise for the benefit of this state, subject to the

 

exceptions contained in subsection (4).

 

     (4) Actions An action brought in the name of the this state,

 

of Michigan, the people of the this state, of Michigan, or any a

 

political subdivision of the this state of Michigan, or in the name

 

of any an officer or otherwise for the benefit of the this state of

 

Michigan or any a political subdivision of the this state of

 

Michigan for the recovery of the cost of maintenance, care, and

 

treatment of persons in hospitals, homes, schools, and other state

 

institutions are is not subject to the statute of limitations and

 

may be brought at any time without limitation, the provisions of

 

any statute to the contrary notwithstanding.

 

     Sec. 5867. In every an action for the recovery or possession

 

of real estate, the property, a person establishing the who

 

establishes legal title to the premises property is presumed to

 

have been in possession of the premises within property for the

 

time limited by law applicable period of limitation for bringing

 

such the action, unless it appears that the same has been possessed

 

adversely to such legal title by the defendant or by those from or

 

under whom he claims, or that the a grantee , or his assigns, in

 

under a contract of purchase, or the grantee's assigns, have been

 

in possession of the property claiming title by virtue of said the

 

contract of purchase for a period of 20 years or more after the

 

last payment was due on said the contract or after the last payment

 

was made on said the contract. of purchase.