Bill Text: MI HB6029 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Highways; other; public notice requirement for discontinuation, abandonment, vacation, or alteration of a highway bordering a lake or stream; revise to require notice as provided in the local government public notice act. Amends sec. 3 of 1927 PA 341 (MCL 247.43). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6029 Detail]

Download: Michigan-2013-HB6029-Introduced.html

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HOUSE BILL No. 6029

 

December 2, 2014, Introduced by Rep. VerHeulen and referred to the Committee on Local Government.

 

     A bill to amend 1927 PA 341, entitled

 

"An act to prevent the abandonment, discontinuation, vacation, or

alteration of the course of any public highway which borders upon,

or is adjacent to any lake, or to the general course of any stream,

or the course of any portion of such a highway, or bordering upon a

lake or general course of any stream, by the public authorities of

any village or city, until after the approval thereof by the

circuit court of the county in which said highway is situated; to

provide for a notice of application for that purpose, and a method

of hearing in such court, and the method for review of orders made

thereon; and to prescribe powers and duties of certain state

agencies,"

 

by amending section 3 (MCL 247.43), as amended by 1996 PA 217.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. Upon the filing of an application required by under

 

section 2, the presiding circuit judge shall schedule a hearing on

 

the application not later than 60 days from the date the

 

application is filed. Notice Before January 1, 2015, notice of the

 

application and the time of hearing on the application shall be

 

published once each week for 3 successive weeks, in a newspaper

 

printed and circulated in the county, unless an affidavit is filed

 

in the case stating that no such newspaper is published in the

 

county. Beginning January 1, 2015, notice of the application and

 

the time of hearing on the application shall be provided using tier

 

B public notice as provided in the local government public notice

 

act. The notice shall contain an accurate description of the

 

highway described in the application and a brief recital of the

 

reasons for its abandonment, discontinuance, vacation, or

 

alteration. A Before January 1, 2015, a copy of the notice shall

 

also be posted in 3 of the most public places in the city or

 

village in which the highway is situated, at least 20 days before

 

the date of the hearing on the application. A copy of the notice

 

shall be sent by first-class mail to the owners of record title of

 

each parcel of land located within 300 feet of the highway

 

described in the application and to those persons of record

 

claiming under those owners at their local address and the address

 

appearing on the assessment roll, if different, and to the chief

 

executive officer of the city or village in which the highway is

 

situated, the state transportation department, the department of

 

natural resources, and, if applicable, the township in which the

 

highway is situated at least 30 days before the date fixed for the

 

hearing on the application. The department of natural resources

 

and, if applicable, the township shall review the application to

 

determine whether the property should be retained as an ingress and

 

egress point. Proof by affidavit of the required publication , and

 

mailing, and before January 1, 2015, posting , and mailing shall be

 

filed with the court before the date of hearing.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ___ or House Bill No. 5560 (request no.

 

03796'13) of the 97th Legislature is enacted into law.