Bill Text: MI HB5454 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Property; condemnation; court costs and attorney fees; impose on agency that fails to review takings assessment guidelines before taking. Amends title of 1996 PA 101 (MCL 24.421 - 24.425) & adds sec. 6.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2016-03-16 - Bill Electronically Reproduced 03/15/2016 [HB5454 Detail]

Download: Michigan-2015-HB5454-Introduced.html

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HOUSE BILL No. 5454

March 15, 2016, Introduced by Reps. Brett Roberts, Kesto, Canfield, Kelly, Cole, McBroom, Bumstead, Johnson, Sheppard and Lucido and referred to the Committee on Judiciary.

 

     A bill to amend 1996 PA 101, entitled

 

"Property rights preservation act,"

 

(MCL 24.421 to 24.425) by amending the title and by adding section

 

6.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to provide for a process of evaluating certain

 

governmental actions that may result in constitutional takings of

 

private property; and to prescribe the powers and duties of certain

 

state agencies and officials; and to provide for remedies.

 

     Sec. 6. If a court determines that government action by a

 

department resulted in a constitutional taking of private real

 

property and that the appropriate department did not comply with

 

section 4 in regard to the real property, the court shall order the

 

department that did not comply with section 4 to pay the private

real property owner for his or her reasonable attorney fees and

 

costs. This section does not apply if the government action was an

 

immediate response to an immediate threat to public health and

 

safety as described in section 5.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.