September 5, 2018, Introduced by Senator HANSEN and referred to the Committee on Appropriations.
A bill to authorize the department of technology, management,
and budget to convey or transfer state-owned property in Muskegon
County; to prescribe conditions for the conveyance; to provide for
the powers and duties of certain state departments in regard to the
property; and to provide for the disposition of revenue derived
from the conveyance.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The department of technology, management, and
budget, on behalf of this state, may convey by quitclaim deed or
transfer by affidavit of jurisdictional transfer all or portions of
state-owned property now under the jurisdiction of the department
of corrections. The property is described as follows:
(a) Parcel 1: Lots 44 to 48, both inclusive, Port City
Industrial Center No. 4, part of the Southeast 1/4 of Section 34
and the Southwest 1/4 of Section 35, Town 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan, as recorded in Liber
20 of Plats, Pages 53 to 55 inclusive, Muskegon County Records.
(b) Parcel 2: Lots 59 to 69, both inclusive, Port City
Industrial Center No. 6, part of the Southwest 1/4 and part of the
Southeast 1/4 of Section 35, Town 10 North, Range 16 West, City of
Muskegon, Muskegon County, Michigan, as recorded in Liber 22 of
Plats, Pages 5 to 8 inclusive, Muskegon County Records.
(c) Parcel 3: The Northwest 1/4 of the Northeast 1/4 of
Section 2, Town 9 North, Range 16 West, Fruitport Township,
Muskegon County, Michigan, except railroad right of way; also
described as: (a) beginning at the Northeast corner of the
Northwest 1/4 of Northeast 1/4 of said Section 2; thence South 2
degrees 39 minutes West, 1133.35 feet along the East 1/8th line of
said Section 2; thence North 70 degrees 46 minutes West, 1378.40
feet along the Northerly line of land that was conveyed to
Consolidated Rail Corporation; thence North 2 degrees 01 minute
East, 674.89 feet along the North and South quarter line of said
Section 2; thence North 89 degrees 53 minutes East along the North
line of said Northwest 1/4 of Northeast 1/4 to the place of
beginning; and (b) Beginning at a point on the North and South
quarter line of said Section 2 which is South 2 degrees 01 minute
West 779.59 feet from the North quarter corner of said Section 2;
thence South 70 degrees 46 minutes East, 1377.18 feet along the
Southerly line of land that was conveyed to Consolidated Rail
Corporation; thence South 2 degrees 39 minutes West, 137.15 feet
along the East 1/8th line of said Section 2; thence North 89
degrees 49 minutes 40 seconds West, 1314.65 feet along the
centerline of Broadway Avenue and the North 1/8th line of said
Section 2; thence North 2 degrees 01 minutes East, 587.04 feet
along the North and South quarter line of said Section 2 to the
Point of Beginning.
(2) The department of technology, management, and budget shall
not convey property under this section unless the conveyance and
the terms of the conveyance have been approved by the state
administrative board.
(3) The description of the property in subsection (1) is
approximate and, for purposes of the conveyance, is subject to
adjustment as the department of technology, management, and budget
or the attorney general considers necessary.
(4) Real property conveyed or transferred under this section
includes all surplus, salvage, and personal property or equipment
remaining on the property on the date of the conveyance or
transfer.
(5) The department of corrections is responsible for all
expenses of maintaining the property described in subsection (1)
until the time of conveyance or transfer.
(6) The department of attorney general shall approve as to
legal form all deeds or affidavits of jurisdictional transfer
authorized by this section.
(7) The department of technology, management, and budget may
transfer the property described in subsection (1), with or without
consideration, through jurisdictional transfer to another state
agency. If property is transferred under this subsection, the
transfer must be made by an affidavit of jurisdictional transfer in
recordable form rather than a quitclaim deed.
(8) The department of technology, management, and budget may
transfer all or portions of the property described in subsection
(1) to the Michigan land bank fast track authority established
under section 15 of the land bank fast track act, 2003 PA 258, MCL
124.765. For properties or portions of properties conveyed to the
Michigan land bank fast track authority, the Michigan land bank
fast track authority shall do both of the following:
(a) Convey the property in accordance with the land bank fast
track act, 2003 PA 258, MCL 124.751 to 124.774.
(b) Deposit the net revenue received by this state or the
Michigan land bank fast track authority from the sale of property
under this subsection into the land bank fast track fund.
(9) The net revenue received from the sale of property under
this section must be deposited in the state treasury and credited
to the general fund, except as provided otherwise under subsection
(8).
(10) This state shall not reserve oil, gas, or mineral rights
to the property conveyed under this section. However, the
conveyance authorized under this section must provide that, if the
purchaser or any grantee develops any oil, gas, or minerals found
on, within, or under the conveyed property, the purchaser or any
grantee shall pay this state 1/2 of the gross revenue generated
from the development of the oil, gas, or minerals. This payment
must be deposited in the general fund.
(11) This state reserves all aboriginal antiquities including
mounds, earthworks, forts, burial and village sites, mines, or
other relics lying on, within, or under the property with power to
this state and all others acting under its authority to enter the
property for any purpose related to exploring, excavating, and
taking away the aboriginal antiquities.
(12) If property conveyed under this section was used by this
state as a historical monument, memorial, burial ground, park, or
protected wildlife habitat area, it must be maintained and
protected for that purpose in perpetuity in accordance with
applicable law.
(13) A conveyance under this section must contain restrictions
as provided in subsections (10) to (12). If the property is used
for any purpose that is inconsistent with any restrictions under
subsection (10), (11), or (12), this state may reenter and
repossess the property, terminating the grantee's or successor's
estate in the property.
(14) The department of technology, management, and budget may
require a grantee of a property conveyed under this section to
record the instrument of conveyance or jurisdictional transfer with
the applicable register of deeds and provide the department with a
recorded copy of the recorded instrument as a condition of closing.
(15) As used in this section, "net revenue" means the proceeds
from the sale of the property less reimbursement for any costs to
the department of technology, management, and budget or to the
Michigan land bank fast track authority associated with the sale of
property, including, but not limited to, administrative costs,
including employee wages, salaries, and benefits; costs of reports
and studies and other materials necessary to the preparation of
sale; environmental remediation; legal fees; and any litigation
costs related to the conveyance of the property.