STATE LAND TO SCHOOL DISTRICTS

House Bill 4410

Sponsor: Rep. Mike Pumford

Committee: Education

Complete to 3-15-01

A SUMMARY OF HOUSE BILL 4410 AS INTRODUCED 3-6-01

House Bill 4410 would amend the Natural Resources and Environmental Protection Act to provide for a procedure to transfer certain kinds of state land to school districts.

Currently, the Department of Natural Resources, the auditor general, or a state officer having charge of state land may sell homestead, tax, swamp, or primary school land to municipalities for forestry purposes, at a fixed price. However, the land cannot be sold in excess of the amount that may be necessary, and it must be suitable and used solely for a forestry purpose. When the land is no longer used for a forestry purpose, it must revert to the state.

Under the bill these provisions would be retained. However, a school district that had received land in this manner could petition the department (on a form provided) for a change in deed restrictions that would remove the reversionary interest in the land. Then, within 30 days of receipt of a petition, the department would be required to grant the petition unless it determined that the land was of significant environmental interest to the state. Further, not more than 60 days after approval of a petition, the department would be required to convey the property, or the state's interest in the property, to the school district without deed restrictions. If the department denied a petition, it would be required to notify the petitioner of the denial, state the specific reasons for the denial, and inform the petitioner of its right to a contested case hearing before the Natural Resource Commission. A school district whose petition was denied could then demand a contested case hearing which would be held in compliance with the Administrative Procedures Act, Public Act 306 of 1969.

MCL 324.52706

Analyst: J. Hunault

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.