SB-0670, As Passed Senate, December 8, 2005
June 30, 2005, Introduced by Senators McMANUS and GILBERT and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 33901, 33902, 33903, 33904, 33908, 33910,
33911, 33916, 33924, 33929, and 33935 (MCL 324.33901, 324.33902,
324.33903, 324.33904, 324.33908, 324.33910, 324.33911, 324.33916,
324.33924, 324.33929, and 324.33935), as added by 1995 PA 59; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33901. All of the unpatented overflowed lands, made
lands,
and lake Lake St. Clair bottomlands belonging to
this
state
or held in trust by it this
state as provided in this part
shall be held, leased, disposed of by deed, and controlled by the
department in the manner provided in this part.
Sec. 33902. The department shall not deed or convey the lands
described in section 33901 except as provided in sections 33903 to
33911. ,
but may lease lands of the character described in section
33901
to a person for the purposes and in the manner provided in
this
part. The department may dedicate unleased lands of the
character described in section 33901 for public hunting, fishing,
and other recreational uses.
Sec. 33903. The department, upon application of any person
holding
who, on the effective date
of the 2005 amendatory act that
amended this section, holds a lease of any portion or portions of
land
from this state pursuant to former
Act No. 326 of the Public
Acts
of 1913 1913 PA 326, or this part, or upon application by
that person's heirs or assigns, shall execute and deliver to the
applicant or his or her heirs or assigns a deed conveying to him or
her all of the right, title, and interest of this state in and to
the lands described in this section, subject to the paramount
rights of navigation, hunting, and fishing that remain in the
general public and in the government as now existing and recognized
by law. The deeds shall contain the same provisions as to use and
occupancy as now set forth in all leases previously granted under
former Act
No. 326 of the Public Acts of 1913 1913
PA 326. The
lands
covered by this section are that portion of the St. Clair
Flats,
township of Clay, St. Clair county, Michigan, as surveyed
under
former Act No. 175 of the Public Acts of 1899, which front
upon
or are a part of the south, middle, and Sni Bora channel
sections
as follows:
South
channel section, lots 2-601 inclusive, excepting
therefrom
portions described in Act No. 5 of the Public Acts of
1938
and already conveyed to the federal government pursuant to
that
act.
Also
any interior lands so-called, lying between lots 452-601
inclusive,
south channel section, and the highway known as M-154;
and
in addition thereto the lands leased under section 11 of former
Act
No. 326 of the Public Acts of 1913, and particularly described
therein.
Also
middle channel section, lots 29-34 inclusive, lots 39-53
inclusive,
lots 82 and 83 lying north of middle channel drive, lots
84-107
inclusive, lots 109 and 111, and lots 163-215 inclusive,
also
Sni Bora channel section, lots 147-162 inclusive and lots 167-
202
inclusive. An application
under this section must be filed at
least 1 year before the date on which the lease expires.
Sec. 33904. Before the department grants a deed, there shall
be presented evidence that the applicant requesting the deed is the
lessee of the land, that the land is part of the lands described in
section
33903, and that all taxes on the land are paid. Upon
presentation
of evidence of these facts satisfactory to the
department,
together with a sum of money to be determined by the
department,
the applicant shall be given a deed. All property so
deeded under this part is thereafter subject to the general
property tax act, 1893 PA 206, MCL 211.1 to 211.157, and the
recording laws of this state.
Sec.
33908. The consideration as received for the execution
and
delivery of any of the deeds provided
for in under this
part shall
be credited to the general fund of this state. and all
fees collected under this part shall be forwarded to the state
treasurer and credited to the land and water management permit fee
fund created in section 30113 to cover the administrative costs
associated with lease renewals, lease extensions, appraisals, and
other costs directly related to processing St. Clair flats leases
and deed requests. The department may charge against this account
for that purpose.
Sec. 33910. The department, in its discretion, upon
application
of any a
person holding a lease or deed under
this
part
to any lands lying contiguous to any a
water highway as
surveyed
under former Act No. 175 of the Public Acts of 1899 and
where
1899 PA 175, if it is determined that such the water
highway is no longer needed for navigation, ingress, and egress to
surveyed lots, or for any public use, whether dredged or not, may
execute
and deliver to the applicant a lease under section 33912,
or
a deed subject to all the applicable conditions and
provisions
of sections 33902 to 33909, to all of the right, title, and
interest of the state in and to 1/2 of the surveyed width of that
portion of the water highway as lies contiguous to land held under
lease
or deed by the applicant. Where a lease is issued, its term
may
be made to run concurrent with that of the lease held by the
applicant
for the contiguous land.
Sec. 33911. (1) Upon application of a person that holds a
lease from this state of any portion or portions of the real
property
described in subsection (2) this part, the department
may execute and deliver to the applicant a deed conveying all of
the right, title, and interest of this state in and to that real
property, subject to the paramount rights of hunting, fishing, and
Senate Bill No. 670 as amended December 7, 2005
navigation, which remain in the general public and in the
government as recognized by law. The deeds shall contain the same
provisions as to use and occupancy now set forth in all the leases
previously
granted under former Act No. 326 of the Public Acts of
1913
1913 PA 326 or under this part. <<The department shall not grant a
deed under this part unless the lessee of the subject property agrees to cancel the lease and relinquishes all rights under the lease.>>
(2)
The real property to which this section applies are that
portion
of the St. Clair Flats, Township of Clay, St. Clair County,
Michigan, as surveyed under former Act No. 175 of the Public
Acts
of
1899, that front upon or are a part of the North and Sni Bora
channel
section and middle channel section described as:
(a)
Sni Bora Channel, the northeast one-half of lot 386.
(b)
North Channel, lots 79 and 80.
(c)
Sni Bora channel, lot 366.
(d)
Lot 470, middle channel section.
(e)
Lot 471, middle channel section.
(2) (3)
Notwithstanding subsections (1) and (2), the The
department
shall not grant a deed under this
section part for a
lot that contains a structure unless the structure and the lot
subject to the deed, including seawalls where present, comply with
the applicable township building code and county and state
sanitation codes and the structure is located on a parcel of land
that is adequately protected from erosion.
(3) (4)
A deed granted under this section
part shall not
include a portion of the original lease that is submerged or lies
below
the <<ordinary high-water mark of Lake St. Clair, which is
elevation of>>
574.5
575.3 International Great
Lakes Datum (IGLD 1955
1985).
The department of environmental quality shall perform a site
Senate Bill No. 670 as amended December 7, 2005
inspection and set stakes, if necessary, to identify the boundaries
of
the area of the parcel leased
lot to be deeded. The applicant
may
be required to shall provide a boundary survey, completed by a
professional surveyor, that delineates the area of the real
property to be deeded. The state shall retain <<proprietary>> ownership
in trust
over the portion of the leased lot below the ordinary high-water
mark of Lake St. Clair at the time of the conveyance.
(4) (5)
A deed shall not be granted under this section
part at less than the fair market value of the real property in
accordance with the current department appraisal procedures for the
eligible parcels. Appraisal procedures and practices may include
utilizing independent fee appraisal contractors. The appraisal
shall not include improvements such as buildings, seawalls, and
docks. Credit shall not be granted to the lessee for the years
remaining on an unexpired lease when determining the sale value to
the state.
(5) A request for a deed shall be on a form provided by the
department of environmental quality and shall be accompanied by an
application fee of $500.00.
Sec.
33916. All persons who, having been in occupation or
possession
of lands of the character named in section 33901 for 1
or
more years prior to January 1,
1913, fail to make application
for
a lease for the occupation and possession of the lands as
provided
for in this part, within 9 months after August 14, 1913,
and
all persons who fail after the notification provided for in
section
33915 to make payment of the consideration fixed by the
department
within the time and in the manner specified in this
part,
If a lease under this part
expires and a deed is not issued
under this part to the former lease holder, the former lease holder
shall
be considered trespassers to be a trespasser, and an
action
may
be brought in the circuit court for the county in which those
lands
are that land is located, in the name of the people of this
state, by the attorney general of this state, to recover possession
of the
lands that land.
Sec.
33924. (1) The words "possession", As used in this
part:
(a) "Department" means the department of natural resources
unless expressly indicated otherwise.
(b)
"Possession", "occupancy",
and "improvement" as used in
this
part include dredging or ditching, the throwing up of
embankments, sheetpiling, filling in, the erection of fences, a
boathouse, land made by dredging and filling, or building
structures.
(c)
(2) As used in this part,
"person" "Person"
means an
individual, partnership, corporation, association, or other
nongovernmental legal entity.
(d) "Well maintained" means that any structure on the land
complies with township building codes and current county and state
health codes and that the land is adequately protected from
erosion.
Sec.
33929. (1) All sales Each sale or transfers
transfer
of leases
a lease shall contain a specific statement of the
purpose for which the property leased is to be used by the
purchaser
or assignee. , and no A sale or transfer of any
a
lease
for other than club or residence purposes shall be is not
valid ,
unless and until the sale or transfer is approved by
the
department of environmental quality. The department shall keep a
book
of record for the purpose of recording all sales or transfers
of
leases, and no sale or transfer of any lease by any lessee shall
be
valid unless and until the same is filed for record with the
department.
(2) Before selling or transferring a property that is subject
to a lease under this part, the parties involved shall apply to the
department of environmental quality for approval of the transfer of
the lease to the purchaser. The application shall be made on a form
provided by the department of environmental quality and shall be
accompanied by a fee of $250.00. Upon approval by the department of
environmental quality, an assignment of lease form shall be
recorded with the county register of deeds.
Sec.
33935. The several Each county treasurers
treasurer
shall
report to the department all descriptions of the lands where
the
same parcels of property
subject to this part that have been
returned
for nonpayment of taxes, and such if those taxes have
not
been paid within 6 months after such return, the being
returned
for nonpayment of taxes. The report to
shall be made by
such
the treasurer within 30 days after the said
6 months shall
have
6-month period has expired.
Land leased or deeded under this
part that is returned to state ownership through purchase, gift,
devise, lease expiration, or tax reversion shall not be re-leased
or sold by the state if that land is not well maintained.
Enacting section 1. Sections 33905, 33909, 33913, 33914,
33915, 33917, 33918, 33919, 33920, 33922, 33923, 33925, 33930,
33931, 33932, 33936, 33937, 33938, and 33939 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.33905, 324.33909, 324.33913, 324.33914, 324.33915, 324.33917,
324.33918, 324.33919, 324.33920, 324.33922, 324.33923, 324.33925,
324.33930, 324.33931, 324.33932, 324.33936, 324.33937, 324.33938,
and 324.33939, are repealed.