HB 5817, As Passed Senate

HB-5817, As Passed Senate, June 22, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5817

A bill to amend 1965 PA 40, entitled

"An act to authorize and require public agencies to pay allowances

for the expense of moving personal property from real property

acquired for public purposes,"

by amending section 2 (MCL 213.352), as amended by 1991 PA 21.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) An occupant who vacates real property on or after

May 15, 1965, pursuant to the provisions of a written agreement to

purchase the property or pursuant to the provisions of a written

agreement for possession and use of the property or pursuant to the

transfer of title to the property in condemnation proceedings,

shall be reimbursed by the public agency for the reasonable and

necessary moving expense for moving his or her personal property

not more than 50 miles, subject to the following conditions:

(a) The maximum payment to an individual or family shall not

House Bill No. 5817 as amended June 21 and 22, 2006

exceed ~~$1,000.00~~ <<$5,250.00>>. The maximum payment to a business,

including the operation of a farm, or a nonprofit organization

shall not exceed $15,000.00.

(b) An individual or a family may elect to receive a fixed

moving allowance, in lieu of actual moving expense, based on a

schedule of payments established by the acquiring agency taking

into consideration the maximum payment allowed, the number of rooms

and other factors.

or federal law, an occupant of residential property who has a leasehold

interest of less than 6 months is entitled to elect a fixed payment of

$3,500.00. If the occupant does not elect this fixed payment, the occupant may receive a moving allowance as determined under subdivisions (a) and (b).>>

(d) ~~(c) No payment~~ <<Except as provided in section 9 of the

uniform condemnation procedures act, 1980 PA 87, MCL 213.59,>> Payment shall not be made to an occupant

until after the occupant has vacated the real property unless the

payment is required to enable the occupant to relocate.

(2) As used in this section, "personal property" does not

include a fixture, whether removable or not.

(3) The court may award reasonable attorney fees and costs to

an individual described in subsection <<(1)(c)>> who brings a

successful action to recover <<a fixed payment or a>> moving allowance

<<under subsection (1).>>

(4) Notwithstanding subsections (1) to (3), if the public

agency is complying with applicable federal regulations and

procedures regarding moving allowances and relocation requirements,

those federal regulations and procedures take precedence over any

<<conflicting>> provisions in this section.

<<Enacting section 1. This amendatory act takes effect December 23, 2006.>>

Enacting section <<2>>. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are