RIGHT TO FARM                                                                  H.B. 4299 (S-2): FLOOR ANALYSIS

 

 

 

 

 

 

 

 

 

 

House Bill 4299 (Substitute S-2 as reported)

Sponsor: Representative Carl F. Gnodtke

House Committee: Agriculture and Forestry

Senate Committee: Agriculture and Forestry

 

CONTENT

 

The bill would amend the Land Sales Act to require the owner of subdivided land that was being offered for sale to include the following statement in a proposed property report (which must be submitted to prospective buyers and contain certain information about the property as specified in the Act):

 

“This property may be located in the vicinity of a farm or farm operation. Generally accepted agricultural and management practices may be utilized by the farm or farm operation and may generate usual and ordinary noise, dust, odors, and other associated conditions, and these practices are protected by the Michigan Right to Farm Act. The seller is not required to disclose whether a farm or farm operation is actually located in the vicinity of the property or whether generally accepted agricultural and management practices are being utilized.”

 

The bill would take effect September 30, 1995. The bill is tie-barred to House Bill 4300 and House Bill 4301. House Bill 4300 (S-5) would amend the Michigan Right to Farm Act to specify that a farm that conformed to generally accepted agricultural and management practices would not be considered a public or private nuisance under certain conditions, and to require an investigation of complaints involving a farm. House Bill 4301 (S-3) would amend the Seller Disclosure Act to require a written disclosure statement about property to identify a farm in the vicinity of the property.

 

MCL 565.808                                                                                     Legislative Analyst: L. Arasim

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

Date Completed: 5-25-95                                                                             Fiscal Analyst: A. Rich

 

 

 

 

 

 

 

 

 

 

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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.