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.