HB-4981, As Passed House, March 11, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4981

(As amended March 11, 2008)

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as

added by 1995 PA 60.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2123. (1) The Subject to section 2124, the department may

shall grant or otherwise provide for an easement for a roadway over

state owned land under the jurisdiction of the department to an

individual who requests it, but only if all of the following

conditions are met:

     (a) The request is made on a form provided by the department.

(b) (a) The individual does not have other legal access to the

individual's land[, as confirmed by a policy of title insurance or the

 written opinion of an attorney].

(c) (b) The easement does not conflict with an existing

program or management plan of the department or a local ordinance.

(d) (c) The roadway for which the easement is granted is open

to public access and is not a roadway for the exclusive use of the

grantee.

(e) (d) The easement provides the logical and most feasible

access to the individual's land.

(f) (e) The width of the roadway is restricted to the minimum

consistent with the quality of the road required.

(g) (f) The individual agrees to construct, if necessary, and

maintain the road.

(h) (g) The individual offers a similar roadway easement to

the department across the land to which the easement granted by the

department is to provide access. The department shall not accept a

roadway easement under this subdivision if the roadway easement

would end at a body of water.

     (2) A document granting an easement under subsection (1) may

provide that the parcel that is benefited by the easement shall not

be partitioned or split into 1 or more parcels that are less than

40 acres in size.

(3) If a request for an easement is denied under this subpart,

the department shall, in writing, notify the person who requested

the easement of the denial and the reasons for the denial.

     Sec. 2124. The department shall not grant an easement over

state owned land under the jurisdiction of the department if any of

the following occur apply:

     (a) The proposed easement is over land designated as a

wilderness area, wild area, or natural area under part 351.

     (b) The proposed easement is over land in an area closed to

vehicular traffic pursuant to a management plan approved by the

department.

     (c) The construction or use of the new or existing roadway

will result in unnecessary unreasonable damage to or destruction of

the surface, soil, animal life, fish or other aquatic life, or

property.