March 2, 2006, Introduced by Reps. Tobocman, Drolet, Jones, Gosselin, Stahl, Brandenburg, Baxter, Elsenheimer, Mortimer, Rocca, Lipsey and Acciavatti and referred to the Committee on Government Operations.
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
exceed $1,000.00
$5,200.00. 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.
(c) An occupant of residential property who has a leasehold
interest of less than 6 months is entitled to a fixed moving
allowance of $5,200.00.
(d) (c)
No payment 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 (2)(c) who brings a
successful action to recover the $5,200.00 moving allowance
provided for in subsection (2)(c).
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5821(request no.
05069'05).
(b) Senate Bill No.____ or House Bill No. 5818(request no.
06017'06).
(c) Senate Bill No.____ or House Bill No. 5819(request no.
06018'06).
(d) Senate Bill No.____ or House Bill No. 5820(request no.
06019'06).