January 24, 2006, Introduced by Reps. Lemmons, III, Lemmons, Jr., Bennett, Miller, Murphy, Vagnozzi, Gonzales, Virgil Smith, Zelenko, Meisner, Leland, Sheltrown and Cheeks and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 5745.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5745. (1) A county, city, village, or township may by
resolution or ordinance designate a location in the county, city,
village, or township for the deposit of personal property removed
from premises located in the county, city, village, or township in
accordance with a writ of restitution.
(2) If a county, city, village, or township adopts a
resolution or ordinance under subsection (1), a court issuing a
writ of restitution for premises located in that county, city,
village, or township shall include a provision in the writ that if
the sheriff or other authorized officer who serves the writ, in
restoring the plaintiff to possession of the premises, removes
personal property from the premises, the sheriff or officer shall
deposit the personal property at the location designated in the
resolution or ordinance.
(3) A person whose personal property has been removed under
this section to a location designated under a resolution or
ordinance adopted under subsection (1) may recover the personal
property in accordance with the terms of the resolution or
ordinance.
(4) The court may tax the costs of the sheriff or other
authorized officer related to the deposit of personal property
under this section against the defendant.