SENATE BILL No. 917

December 4, 2001, Introduced by Senator MC COTTER and referred to the Committee on Government Operations.

A bill to amend 1907 PA 130, entitled

"An act to provide for refunding to purchasers the price paid to

the state on sale of land by the commissioner of the state land

office, under section 131 of Act 206 of Public Acts of 1893, as

amended by Act 141 of Public Acts of 1901, in cases where the

land sold did not belong to the class of lands liable to sale

thereunder; for cancelling the conveyance of such lands to the

state and restoring the tax liens thereon in favor of the state,

which were erroneously cancelled,"

by amending sections 1, 2, 3, and 4 (MCL 211.451, 211.452,

211.453, and 211.454).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. Any purchaser of land from the THIS state of

2 Michigan at any sale heretofore PREVIOUSLY made, or that may

3 be hereafter made, by the commissioner of the state land

4 office DEPARTMENT OF NATURAL RESOURCES under section 131 of Act

5 206 of Public Acts of 1893, as amended by Act 141 of Public Acts

6 of 1901 THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.131,

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1 may petition the auditor general STATE TREASURER for a refund

2 of the purchase price paid by him for such THE land in cases

3 where IF the land so purchased did not belong to the class of

4 lands liable to sale by such commissioner under said acts THE

5 DEPARTMENT OF NATURAL RESOURCES.

6 Sec. 2. In any case where it shall be IF shown by due

7 proof , satisfactory to the auditor general, STATE TREASURER

8 that land purchased by the petitioner in THE manner set forth in

9 paragraph SECTION 1 of this act was in fact actually occu-

10 pied by the person having the record title thereto TO THE LAND

11 at the time of making and recording the determination relating

12 thereto TO THE LAND by the auditor general and commissioner of

13 the state land office under the provisions of Act No. 107 of the

14 Public Acts of 1899, STATE TREASURER and at the time such THE

15 sale was in fact made to the petitioning purchaser, and that

16 such THE purchaser never obtained possession or any beneficial

17 use of such THE land and that he OR SHE acquired no title

18 thereto TO THE LAND by such THE purchase for the reason that,

19 at ON the date of such THE determination and such THE sale,

20 the same LAND was in fact occupied, land, within the mean-

21 ing of the statutes under which said THE sale was assumed to be

22 made to such THE purchaser, or, in any case where the tax home-

23 stead deed issued by the auditor general STATE TREASURER to

24 the THIS state of Michigan has been held invalid by a decree

25 of any court of competent jurisdiction of this state made and

26 entered in a case which THAT was pending at the time of

27 purchase of said THE land from the state land commissioner

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1 DEPARTMENT OF NATURAL RESOURCES by the petitioner, the auditor

2 general STATE TREASURER shall cause the money paid therefor to

3 the state of Michigan THIS STATE to be refunded to the purchas-

4 er, or his OR HER assignee, with interest thereon ON THAT MONEY

5 at 6 per centum 6% per annum.

6 Sec. 3. (1) In case IF the deed executed and delivered to

7 the petitioning purchaser by the commissioner of the state land

8 office DEPARTMENT OF NATURAL RESOURCES on such A sale shall

9 IS not have been recorded, the same DEED shall be delivered

10 to the auditor general STATE TREASURER for cancellation.

11 (2) If such THE deed has been recorded, such THE peti-

12 tioning purchaser shall execute and deliver to the auditor

13 general STATE TREASURER a release of said THE land to the

14 state of Michigan THIS STATE and shall pay to the auditor

15 general STATE TREASURER the cost of recording the same RELEASE

16 in the office of the register of deeds of the proper county. ,

17 and it shall be the duty of the auditor general to THE STATE

18 TREASURER SHALL cause such THE release to be so recorded.

19 Sec. 4. (1) The auditor general STATE TREASURER shall

20 thereupon cancel the conveyance of said THE land made by the

21 auditor general STATE TREASURER to the state of Michigan THIS

22 STATE by issuing a certificate of error in such proper legal

23 THE form as may be required by the recording laws of the state

24 of Michigan LAW, and shall cause such THE certificate of error

25 to be recorded in the office of the register of deeds of the

26 proper county. ; and shall thereupon

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1 (2) THE STATE TREASURER SHALL restore the tax liens in favor

2 of the state of Michigan THIS STATE upon said THE land, which

3 were erroneously cancelled CANCELED at the time of the convey-

4 ance of the same to the LAND TO THIS state by the auditor gen-

5 eral, and said STATE TREASURER. THE tax liens and the state

6 bids thereon ON THOSE TAX LIENS shall continue and shall have

7 the same force and validity in every respect as if such THE

8 erroneous cancellation had not been made.

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