Bill Text: MI HB5179 | 2013-2014 | 97th Legislature | Chaptered


Bill Title: Property; conveyances; certain state land located in Wayne county; provide for transfer. Creates land transfer act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-12-31 - Assigned Pa 427'14 With Immediate Effect 2014 Addenda [HB5179 Detail]

Download: Michigan-2013-HB5179-Chaptered.html

Act No. 427

Public Acts of 2014

Approved by the Governor

December 27, 2014

Filed with the Secretary of State

December 30, 2014

EFFECTIVE DATE: December 30, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Rep. Heise

ENROLLED HOUSE BILL No. 5179

AN ACT to authorize the state administrative board to convey certain parcels of state-owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments and local units of government in regard to the property; and to provide for disposition of revenue derived from the conveyance.

The People of the State of Michigan enact:

Sec. 1. (1) The state administrative board, on behalf of this state, shall convey by quitclaim deed all or portions of certain state-owned property, commonly known as the western Wayne correctional facility and formerly known as the Detroit house of corrections and further described as follows:

A parcel of land located in Section 20, T1S, R8E, Plymouth Township, Wayne County, Michigan, described as follows:

Beginning at the northwest corner of said Section 20, thence along the north section line (also being the centerline of Five Mile Road), N87°06'00"E 2650.40 feet to the north 1/4 corner of said Section 20; thence continuing along said section line (also being the centerline of Five Mile Road) N87°30'48"E 1119.14 feet to a point located S87°30'48"W 1519.34 feet from the northeast corner of said Section 20; thence S01°40'48"E 425.00 feet; thence N87°30'48"E 200.00 feet; thence S01°40'48"E 2107.18 feet; thence 116.58 feet along a non-tangent curve to the right (having a central angle of 02°34'22", a radius of 2596.27 feet, and a chord bearing N59°28'25"W 116.57 feet); thence N58°11'14"W 1052.13 feet; thence 672.28 feet along a tangent curve to the left (having a central angle of 09°54'12", a radius of 3889.52 feet, and a chord bearing N63°08'27"W 671.45 feet); thence N68°09'26"W 2614.21 feet; thence along the west section line, N02°35'35"W 447.57 feet to the point of beginning, containing 125.3127 acres, the bearings for this description being based on state plane coordinates listed on the remonumentation L.C.R.C.’s in Section 20, Plymouth Township.

(2) The description of the property in subsection (1) is approximate and, for purposes of the conveyance, is subject to adjustments as the state administrative board or the attorney general considers necessary by survey or other legal description.

(3) The state administrative board shall include in the sale under this section all surplus, salvage, and scrap property or equipment remaining on the property as of the date of the conveyance.

(4) The state administrative board shall convey the property described in subsection (1) to the land bank fast track authority for $1.00.

(5) The department of corrections shall continue to maintain the property described in subsection (1) as determined appropriate by the department of corrections until the property is sold under section 2. The department of corrections shall pay any maintenance costs incurred in maintaining the property in full and shall not charge any of the costs to the land bank fast track authority.

(6) The department of corrections shall post notices warning of the dangerous and defective condition of the property described in subsection (1) on the property in a manner so that the signs will be clearly visible to the public.

Sec. 2. The land bank fast track authority shall sell the property described in section 1 in a manner and on terms that the authority, in its discretion, determines are calculated to realize the greatest benefit to this state.

Sec. 3. The quitclaim deed authorized by this act shall be approved as to legal form by the department of attorney general.

Sec. 4. (1) The state administrative board shall not reserve to this state oil, gas, or mineral rights to property conveyed under this act. However, a conveyance by the state administrative board or the land bank fast track authority under this act shall provide that, if the purchaser or any subsequent grantee develops any oil, gas, or minerals found on, within, or under the conveyed property, the purchaser or grantee shall pay this state 1/2 of the gross revenue generated from the development of the oil, gas, or minerals. This payment shall be deposited in the general fund.

(2) This state reserves all aboriginal antiquities including mounds, earthworks, forts, burial and village sites, mines, or other relics lying on, within, or under the property with power to this state and all others acting under its authority to enter the property for any purpose related to exploring, excavating, and taking away the aboriginal antiquities.

Sec. 5. The net revenue received by this state from the sale of property under this act shall be deposited in the state treasury and credited to the general fund.

Sec. 6. As used in this section:

(a) “Land bank fast track authority” means the authority created under section 15 of the land bank fast track act, 2003 PA 258, MCL 124.765.

(b) “Net revenue” means the proceeds from the sale of the property less reimbursement for any costs to this state associated with the sale of property, including, but not limited to, administrative costs, including employee wages, salaries, and benefits; costs of reports and studies and other materials necessary to the preparation of sale; environmental remediation; legal fees; and any litigation related to the conveyance of the property.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor