reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-3 - Subpart 3 Exchange of State Lands (324.2104...324.2108) › Section 324.2108 - Conveyance to United States Pursuant to Property Rights Acquisition Act.

324.2108 Conveyance to United States pursuant to property rights acquisition act.
Sec. 2108.
Any land that is exchanged, relinquished, or otherwise conveyed to the United States under this subpart shall be conveyed pursuant to the property rights acquisition act, Act No. 201 of the Public Acts of 1986, being sections 3.251 to 3.262 of the Michigan Compiled Laws.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-4 - Subpart 4 Record of Deeds for Tax Homestead Lands (324.2109...324.2111) › Section 324.2109 - Tax Homestead Lands; Legal Records; Certified Copies as Evidence.

324.2109 Tax homestead lands; legal records; certified copies as evidence.
Sec. 2109.
The department shall record, in a suitable book or books kept for that purpose, true copies of all deeds issued by the department for tax homestead lands under the laws of this state providing for the disposal of tax homestead lands, and these copies of deeds issued and deeds which may hereafter be issued are legal records. These legal records, or a transcript of the records, duly certified by the department or other officer having custody of the records, may be read in evidence in all courts of this state, with the same force and effect as the original tax homestead deed.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-4 - Subpart 4 Record of Deeds for Tax Homestead Lands (324.2109...324.2111) › Section 324.2110 - Tax Homestead Lands; Record of Copy of Deed.

324.2110 Tax homestead lands; record of copy of deed.
Sec. 2110.
The registers of deeds in the several counties of this state shall receive and record all copies of tax homestead deeds, duly certified to by the department or other officer having the custody of the records, and the record of the certified copy has the same force and effect as the record of the original deed.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-4 - Subpart 4 Record of Deeds for Tax Homestead Lands (324.2109...324.2111) › Section 324.2111 - Records; Certified Copy; Fee; Recording Conditions; Perjury.

324.2111 Records; certified copy; fee; recording conditions; perjury.
Sec. 2111.
The department or other officer having charge of the records described in this subpart shall, upon application from any person, make a certified copy of any tax homestead deed, as provided in this subpart, upon the payment by the applicant of $1.50 for each certified copy. As a condition precedent to the recording of a copy of the deed, there shall be attached to the certified copy a sworn statement of the grantee named in the deed, or his or her assign, heir, trustee, or grantee, that the original deed has been lost or is not available for record, and any person swearing falsely under this subpart is subject to the penalties of perjury.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-6 - Subpart 6 Sale and Reclamation of Swamp Lands (324.2120...324.2120a) › Section 324.2120 - Swamp Lands; Adoption of Notes of Surveys on File; Sale; Restrictions; Procurement of Records.

324.2120 Swamp lands; adoption of notes of surveys on file; sale; restrictions; procurement of records.
Sec. 2120.
(1) The department shall adopt the notes of the surveys on file in the surveyor general's office as the basis upon which they will receive the swamp lands granted to the state by an act of congress of September 28, 1850.
(2) Swamp lands described in subsection (1) shall only be sold in the same legal subdivisions in which they are received by the state, and none of the lands are subject to private entry until the lands have been offered for sale at public auction as provided in former Act No. 187 of the Public Acts of 1851.
(3) The department may procure all necessary books, maps, or plats of swamp lands as required for the speedy and systematic transaction of the business of the department, and all proper charges for the books, maps, or plats shall be paid out of funds received from the sale of lands under former Act No. 187 of the Public Acts of 1851.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-7 - Subpart 7 Receipt of Money From Sale of Swamp Lands (324.2121...324.2121) › Section 324.2121 - Swamp Lands; Interest of State; Release.

324.2121 Swamp lands; interest of state; release.
Sec. 2121.
The state treasurer may receive from the United States any money that may have been received, or that may hereafter be received, for any of the swamp lands donated to this state, and the department may take an assignment of all bounty land warrants received for any swamp lands sold in this state since the act of congress approved September 28, 1850, and release the interest of the state in any lands sold or entered with the warrants to purchasers or their assigns.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-8 - Subpart 8 Easements Over State Owned Lands (324.2123...324.2128) › Section 324.2124 - Granting Easement Over State-Owned Land Under Jurisdiction of Department Prohibited.

324.2124 Granting easement over state-owned land under jurisdiction of department prohibited.
Sec. 2124.
The department shall not grant an easement over state-owned land under the jurisdiction of the department if any of the following 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 management as described in an existing plan of the department.
(c) The construction or use of the new or existing road will result in unreasonable damage to or destruction of the surface, soil, animal life, fish or other aquatic life, or property.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2011, Act 323, Imd. Eff. Dec. 27, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-8 - Subpart 8 Easements Over State Owned Lands (324.2123...324.2128) › Section 324.2125 - Granting Easement Over State Owned Land Under Jurisdiction of Department to Individual; Interest in Land Required; “Interest” Defined; Construction of Words and Phrases Used to Define Interest.

324.2125 Granting easement over state owned land under jurisdiction of department to individual; interest in land required; “interest” defined; construction of words and phrases used to define interest.
Sec. 2125.
(1) The department shall not grant an easement over state owned land under the jurisdiction of the department to an individual unless that individual has an interest, as that term is defined in this section, in the land to which the easement is to provide access.
(2) As used in this section, "interest" means an estate in possession other than a chattel interest, which may be in severalty, joint tenancy, tenancy by the entireties, or tenancy in common.
(3) The words and phrases used in subsection (2) to define interest shall be construed pursuant to chapter 62 of the Revised Statutes of 1846, being sections 554.1 to 554.46 of the Michigan Compiled Laws; Act No. 126 of the Public Acts of 1925, being section 557.81 of the Michigan Compiled Laws; and Act No. 210 of the Public Acts of 1927, being sections 557.101 to 557.102 of the Michigan Compiled Laws.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-8 - Subpart 8 Easements Over State Owned Lands (324.2123...324.2128) › Section 324.2126 - Payment of Charges by Individual Applying for Easement; Application Fee.

324.2126 Payment of charges by individual applying for easement; application fee.
Sec. 2126.
Before the department grants an easement under this subpart, the individual applying for the easement shall pay charges as required by the department. The charges shall be the same as those charges required for the granting of an easement under subpart 9. However, the department may charge a fee for an application for the grant of an easement under this subpart. The fee shall not exceed the actual reasonable cost of processing an application for an easement or $300.00, whichever is less.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2011, Act 323, Imd. Eff. Dec. 27, 2011 ;-- Am. 2018, Act 238, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-8 - Subpart 8 Easements Over State Owned Lands (324.2123...324.2128) › Section 324.2127 - Disposition of Revenues.

324.2127 Disposition of revenues.
Sec. 2127.
The revenues received from the charges levied under section 2126, less amounts necessary to pay the expenses of administering this subpart, shall be credited to the state fund from which the revenue is appropriated for the payment in lieu of taxes on the land crossed.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-8 - Subpart 8 Easements Over State Owned Lands (324.2123...324.2128) › Section 324.2128 - Termination of Easement; Hearing.

324.2128 Termination of easement; hearing.
Sec. 2128.
(1) If the land to which an easement is granted by the department pursuant to this subpart or former Act No. 421 of the Public Acts of 1982 is subsequently subdivided, as this term is defined by section 102 of the subdivision control act, Act No. 288 of the Public Acts of 1967, being section 560.102 of the Michigan Compiled Laws, the easement shall terminate.
(2) If an individual who obtains an easement pursuant to this subpart violates the terms of the easement, the easement shall terminate, and any rights in the easement shall terminate, after opportunity for a hearing under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, is provided.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-9 - Subpart 9 Easements for Public Utilities (324.2129...324.2129) › Section 324.2129 - Easements for Public Utilities Over State Lands; Disposition of Revenue.

324.2129 Easements for public utilities over state lands; disposition of revenue.
Sec. 2129.
The department may grant easements, upon terms and conditions the department determines just and reasonable, for state and county roads and for the purpose of constructing, erecting, laying, maintaining, and operating pipelines, electric lines, telecommunication systems, and facilities for the intake, transportation, and discharge of water, including pipes, conduits, tubes, and structures usable in connection with the lines, telecommunication systems, and facilities, over, through, under, and upon any and all lands belonging to the state which are under the jurisdiction of the department and over, through, under, and upon any and all of the unpatented overflowed lands, made lands, and lake bottomlands belonging to or held in trust by this state. Except as otherwise specifically provided by law, revenue received as the result of the granting of an easement shall be deposited in the state fund from which revenues are appropriated for the payment in lieu of taxes required to be paid in relation to state land under subpart 14.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2130 - Definitions.

324.2130 Definitions.
Sec. 2130.
As used in this subpart:
(a) "Board" means the Michigan natural resources trust fund board established in section 1905.
(b) "Fund", unless the context implies otherwise, means the land exchange facilitation and management fund created in section 2134.
(c) "Land" includes lands, tenements, and real estate and rights to and interests in lands, tenements, and real estate.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 238, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2131 - Designation and Sale of Surplus Land; Restrictions.

324.2131 Designation and sale of surplus land; restrictions.
Sec. 2131.
(1) Subject to subsection (2), the department may designate as surplus land any state-owned land that is under the control of the department and may, on behalf of this state, sell that land if the sale is not otherwise prohibited by law and the department has considered all of the following:
(a) Whether the sale will not materially diminish the quality or utility of other state-owned land adjoining the land to be sold.
(b) Whether the sale is in the best interests of this state, giving due regard to the variety, use, and quantity of lands then under the control of the department.
(c) Whether the sale will resolve an inadvertent trespass.
(d) Whether the sale will promote the development of the forestry or forest products industry or the mineral extraction and utilization industry or other economic activity in this state.
(2) Except as provided in section 74102b, the department shall not designate as surplus land any land within a state park, state recreation area, state fish hatchery, state game area, or state public boating access site.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2001, Act 174, Imd. Eff. Dec. 11, 2001 ;-- Am. 2006, Act 308, Imd. Eff. July 20, 2006 ;-- Am. 2012, Act 622, Imd. Eff. Jan. 9, 2013 ;-- Am. 2018, Act 238, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2132a - Purchase or Sale Based on Appraised Value.

324.2132a Purchase or sale based on appraised value.
Sec. 2132a.
If land is proposed for purchase or sale by or exchange with the department under this act based on its appraised value, if 2 or more appraisals of the land that meet department standards are made on behalf of the parties to the proposed transaction, and if the high appraisal is less than 10% higher than the low appraisal, the accepted value for purposes of the purchase, sale, or exchange shall be the average of all the appraised values. If the high appraisal is at least 10% higher than the low appraisal, the parties may agree upon a new appraiser, whose appraisal, or determination based on review of the existing appraisals, shall be the accepted value for purposes of the purchase, sale, or exchange. The department is responsible for the new appraiser's fee.
History:
Add. 2018, Act 238, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2133 - List of Surplus Lands.

324.2133 List of surplus lands.
Sec. 2133.
(1) Upon request, the department shall furnish a list of surplus lands being offered for sale at public auction. The surplus land sale list shall include all of the following:
(a) The date, time, and place of sale.
(b) Descriptions of surplus lands being offered.
(c) The conditions of sale.
(2) Upon request, the department shall furnish a list of surplus lands being offered in a negotiated sale. The surplus land negotiated sale list shall include both of the following:
(a) The date, time, and place that the department will meet to authorize the sale.
(b) Descriptions of surplus lands being offered.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 240, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2134 - Land Exchange Facilitation and Management Fund; Creation; Deposit of Money or Other Assets; Investment; Administration; Money Carried Over.

324.2134 Land exchange facilitation and management fund; creation; deposit of money or other assets; investment; administration; money carried over.
Sec. 2134.
(1) A land exchange facilitation and management fund is created in the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) The fund shall be administered by the department and shall be used only as provided in section 2135.
(4) Any money, including interest earned by the fund, remaining in the fund at the end of a fiscal year shall be carried over in the fund to the next and succeeding fiscal years and shall not lapse to the general fund.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 239, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2135 - Land Exchange Facilitation and Management Fund; Use of Money; Purchase of Land Identified in Recommendation; Report.

324.2135 Land exchange facilitation and management fund; use of money; purchase of land identified in recommendation; report.
Sec. 2135.
(1) Money from the fund shall be used by the department only for the following purposes:
(a) The purchase of land for natural resources management if the land meets the needs outlined in the strategic plan most recently approved by the legislature under section 503.
(b) The costs of advertising, appraisals, negotiations, surveys, and closings incurred by the department in the sale of surplus land.
(c) The costs of environmental assessments, appraisals, negotiations, surveys, and closings incurred by the department in the purchase of land authorized by this subpart.
(d) The costs of managing the natural resources for public recreation activities and public recreation development projects on department-managed land.
(2) The report required by section 506 shall include a summary of all the disbursements of money from the fund for the purposes listed in subsection (1).
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 239, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2136 - Construction of Subpart.

324.2136 Construction of subpart.
Sec. 2136.
This subpart does not limit the authority of the department to exchange land as provided in subpart 3.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 238, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2137 - Sale or Exchange of Land Not Designated as Surplus Land; Exclusions.

324.2137 Sale or exchange of land not designated as surplus land; exclusions.
Sec. 2137.
(1) Upon request, the department shall consider selling or exchanging land that is not designated as surplus land. The sale or exchange of the land is subject to the same procedures as apply to the sale of land that is designated as surplus land under this subpart.
(2) Subsection (1) does not apply to land in a state park, state recreation area, state fish hatchery, state game area, or state public boating access site. Subsection (1) does not apply to a request to sell land if the request meets the requirements of section 2138.
History:
Add. 2018, Act 238, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-10 - Subpart 10 Land Exchange Facilitation Fund (324.2130...324.2138) › Section 324.2138 - Sale or Lease of Certain Land; Notice of Proposed Sale or Lease; Disposition of Proceeds.

324.2138 Sale or lease of certain land; notice of proposed sale or lease; disposition of proceeds.
Sec. 2138.
(1) Upon request, the department shall consider selling or leasing land if both of the following requirements are met:
(a) The prospective buyer or lessee is an existing business located adjacent to state land and is limited from expansion because of adjacent state land.
(b) The sale or lease will result in a net economic benefit or other benefit for a local unit of government or region.
(2) The department shall give notice of the proposed sale or lease of the land as provided in section 2165.
(3) In making its decision on the request under subsection (1), the department shall consider both of the following:
(a) Any comments on the proposed sale or lease from local units of government or other persons.
(b) The impact on natural resources and outdoor recreation in this state, giving due regard to the variety, use, and quantity of lands then under control of the department.
(4) The price for sale of the land shall be established using a method determined appropriate by the department and agreed to by the applicant, such as those listed in section 2132(1).
(5) Proceeds from sale of the land shall be deposited in the fund that provided the revenue for the acquisition of the land by the department. If there is more than 1 such fund, the revenue shall be deposited in the funds in amounts proportionate to their respective contributions for the department's acquisition of the land. To the extent that the land was in whole or in part acquired other than with restricted fund revenue, a proportionate amount of proceeds of the sale of the land shall be deposited in the land exchange facilitation and management fund created in section 2134.
History:
Add. 2018, Act 238, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-11 - Subpart 11 Conservation and Historic Preservation Easement (324.2140...324.2144) › Section 324.2140 - Definitions.

324.2140 Definitions.
Sec. 2140.
As used in this subpart:
(a) "Conservation easement" means an interest in land that provides limitation on the use of land or a body of water or requires or prohibits certain acts on or with respect to the land or body of water, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition in a deed, will, or other instrument executed by or on behalf of the owner of the land or body of water or in an order of taking, which interest is appropriate to retaining or maintaining the land or body of water, including improvements on the land or body of water, predominantly in its natural, scenic, or open condition, or in an agricultural, farming, open space, or forest use, or similar use or condition.
(b) "Historic preservation easement" means an interest in land that provides a limitation on the use of a structure or site that is listed as a national historic landmark under chapter 593, 49 Stat. 593, 16 U.S.C. 461 to 467, commonly known as the historic sites, buildings, and antiquities act; is listed on the national register of historic places pursuant to the national historic preservation act of 1966, Public Law 89-665, 16 U.S.C. 470 to 470a, 470b, and 470c to 470x-6; is listed on the state register of historic sites pursuant to Act No. 10 of the Public Acts of 1955, being sections 399.151 to 399.152 of the Michigan Compiled Laws; or is recognized under a locally established historic district created pursuant to the local historic districts act, Act No. 169 of the Public Acts of 1970, being sections 399.201 to 399.215 of the Michigan Compiled Laws, or requires or prohibits certain acts on or with respect to the structure or site, whether or not the interest is stated in the form of a restriction, easement, covenant, or condition in a deed, will, or other instrument executed by or on behalf of the owner of the structure or site or in an order of taking, if the interest is appropriate to the preservation or restoration of the structure or site.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-11 - Subpart 11 Conservation and Historic Preservation Easement (324.2140...324.2144) › Section 324.2141 - Conservation Easement; Enforcement; Recordation.

324.2141 Conservation easement; enforcement; recordation.
Sec. 2141.
A conservation easement granted to a governmental entity or to a charitable or educational association, corporation, trust, or other legal entity is enforceable against the owner of the land or body of water subject to the easement despite a lack of privity of estate or contract, a lack of benefit running to particular land or a body of water, or the fact that the benefit may be assigned to another governmental entity or legal entity, including a conservation easement executed before March 31, 1981. The easement shall be recorded with the register of deeds in the county in which the land is located to be effective against a bona fide purchaser for value without actual notice.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-11 - Subpart 11 Conservation and Historic Preservation Easement (324.2140...324.2144) › Section 324.2142 - Historic Preservation Easement; Enforcement; Recordation.

324.2142 Historic preservation easement; enforcement; recordation.
Sec. 2142.
A historic preservation easement granted to a governmental entity or to a charitable or educational association, corporation, trust, or other legal entity whose purposes include the preservation or restoration of structures or sites described in section 2140(b) is enforceable against the owner of the structure or site subject to the easement despite a lack of privity of estate or contract, a lack of benefit running to the particular structure or site, or the fact that the benefit may be assigned to another governmental entity or legal entity whose purposes include the preservation or restoration of structures or sites described in section 2140(b), including a historic preservation easement executed before March 31, 1981. The easement shall be recorded with the register of deeds in the county in which the land is located to be effective against a bona fide purchaser for value without actual notice.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-11 - Subpart 11 Conservation and Historic Preservation Easement (324.2140...324.2144) › Section 324.2143 - Enforceability of Restriction, Easement, Covenant, or Condition.

324.2143 Enforceability of restriction, easement, covenant, or condition.
Sec. 2143.
This subpart does not render unenforceable a restriction, easement, covenant, or condition that does not have the benefit of this subpart.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-11 - Subpart 11 Conservation and Historic Preservation Easement (324.2140...324.2144) › Section 324.2144 - Conservation Easement or Historic Preservation Easement as Interest in Real Estate; Document Creating Easement as Conveyance; Recordation; Enforcement; Assignment.

324.2144 Conservation easement or historic preservation easement as interest in real estate; document creating easement as conveyance; recordation; enforcement; assignment.
Sec. 2144.
(1) A conservation easement or historic preservation easement is an interest in real estate, and a document creating 1 of those easements shall be considered a conveyance of real estate and shall be recorded in accord with Act No. 103 of the Public Acts of 1937, being sections 565.201 to 565.203 of the Michigan Compiled Laws, in relation to the execution and recording of instruments. The easement shall be enforced either by an action at law or by an injunction or other equitable proceedings.
(2) A conservation easement may be assigned to a governmental or other legal entity, which shall acquire that interest in the same manner as the governmental entity or legal entity acquires an interest in land.
(3) A historic preservation easement may be assigned to a governmental or other legal entity whose purposes include the preservation or restoration of structures or sites described in section 2140(b), and the governmental or legal entity shall acquire that interest in the same manner as the governmental entity or legal entity acquires an interest in land.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-12 - Subpart 12 Acquisition of Surface Lands for Water Quality Control (324.2145...324.2147) › Section 324.2145 - Iron Ore Mining; Public Interest; Acquisition of Property; Conditions.

324.2145 Iron ore mining; public interest; acquisition of property; conditions.
Sec. 2145.
The business of mining and beneficiating low-grade iron ore, as defined in Act No. 77 of the Public Acts of 1951, being sections 211.621 to 211.626 of the Michigan Compiled Laws, and the business of the beneficiating and agglomerating of underground iron ore as defined in Act No. 68 of the Public Acts of 1963, being sections 207.271 to 207.279 of the Michigan Compiled Laws, are declared to be in the public interest and necessary to the public welfare, and the acquisition of private property for development of an adequate water supply, for development of the necessary storage, and for processing and treatment of liquid and solid wastes or other nonmarketable products resulting from the business is declared to be for a public purpose. The department may acquire by condemnation parcels of land that are needed for the establishment of areas, settling ponds, and basins for the storage, processing, and treatment of the wastes or other products, together with the necessary appurtenant canals, pipelines, power lines, sluiceways, roadways, dams, and dikes. The department shall lease, convey, or exchange such parcels of land to any person engaged in or proposing to engage in the business of mining and beneficiating low-grade iron ore or beneficiating and agglomerating underground iron ore, or both, upon a showing to the satisfaction of the department that the person has acquired at least 75% of the necessary land and that the person has been unable to purchase the remaining necessary parcels at a fair market value, and upon the further showing to the satisfaction of the department that the remaining parcels are necessary for the development and operation of the water supply areas, settling ponds, and basins to prevent the unlawful pollution of waters of the state or to comply with the requirements of other public agencies of the state. This subpart does not authorize the taking of any property owned by a political subdivision of the state or devoted to or used for a public or railroad purpose or the taking of any private property lying within the limits of any incorporated city or village or lands within a recorded plat in an unincorporated village.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-12 - Subpart 12 Acquisition of Surface Lands for Water Quality Control (324.2145...324.2147) › Section 324.2146 - Condemnation of Land; Compensation to Owners.

324.2146 Condemnation of land; compensation to owners.
Sec. 2146.
The department shall provide adequate compensation for any owner-occupied residences of owner-occupied or owner-operated farmland that it condemns pursuant to this subpart to enable the owners of the property to purchase like property suitable to their needs and in standard condition from the proceeds of the compensation, which shall at a minimum be equal to the valuation of the housing or agricultural land as of the date when proceedings for the condemnation were initiated by the department.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-12 - Subpart 12 Acquisition of Surface Lands for Water Quality Control (324.2145...324.2147) › Section 324.2147 - Lease or Conveyance of Land; Conditions for Issuance.

324.2147 Lease or conveyance of land; conditions for issuance.
Sec. 2147.
The department shall require as a condition for the issuance of any lease or conveyance authorized by this subpart the payment by the lessee of the full amount of compensation made or to be made by the department of the lands it has condemned. The lease shall contain provisions that protect the ownership of materials that are deposited upon the lands.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-13 - Subpart 13 Tax on Tax Reverted, Recreation, and Forest Lands (324.2150...324.2151) › Section 324.2151 - Tax on Certain State Lands; Duty of Department; Record; Warrant.

324.2151 Tax on certain state lands; duty of department; record; warrant.
Sec. 2151.
The department shall enter upon its records against each description of the land the amounts provided by this subpart and shall certify the amounts to the department of treasury, which shall draw a warrant on the state treasurer for those amounts, the tax on tax reverted, recreation, forest lands, or other lands under the control of the department to be paid out of any money in the general fund not otherwise appropriated. The amounts shall be forwarded by the department of treasury to the county treasurers.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-14 - Subpart 14 Payment in Lieu of Taxes on Certain State Lands (324.2152...324.2154) › Section 324.2152 - List of Certain Real Property Owned by State and Controlled by Department; Furnishing List to State Tax Commission.

324.2152 List of certain real property owned by state and controlled by department; furnishing list to state tax commission.
Sec. 2152.
For the purpose of this subpart, the department shall furnish the state tax commission with a list of all real property owned by the state and controlled by the department that was or is acquired on or after January 1, 1933 by purchase from the owner or owners of the real property and the Mason game farm, showing all descriptions.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-15 - Subpart 15 Protection of State Owned Lands (324.2155...324.2158) › Section 324.2155 - “Damages” Defined.

324.2155 “Damages” defined.
Sec. 2155.
As used in this subpart, "damages" means the fair market value on the stump or at the mill, whichever is greater of a forest product cut or removed, or the fair and actual value of any other property removed or damaged in trespass, plus any other damages caused before, during, or after the cutting or removal.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-15 - Subpart 15 Protection of State Owned Lands (324.2155...324.2158) › Section 324.2156 - Removal of Forest Products or Property From State Owned Land; Accepting or Receiving Property in Violation of Subsection (1).

324.2156 Removal of forest products or property from state owned land; accepting or receiving property in violation of subsection (1).
Sec. 2156.
(1) Unless a person has the written permission of the department or is acting as authorized in R 299.321 or R 299.331 of the Michigan administrative code, a person shall not enter upon, or induce or direct any person to enter upon, any state owned land and cut, or induce or direct to be cut, or remove, or induce or direct to be removed, any logs, posts, poles, ties, shrubs, or trees, or any other forest product. In addition, a person shall not injure or remove, or induce or direct any other person to injure or remove, any buildings, fences, improvements, sand, gravel, marl or other minerals, or other property belonging to or appertaining to state owned land.
(2) A person shall not accept or receive by purchase or otherwise a forest product, improvement, or other property unlawfully cut or removed, or both, knowing the property to have been unlawfully cut or removed, or both, in violation of subsection (1).
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article I - General Provisions (324.101...324.2707) › 451-1994-I-21 - Part 21 General Real Estate Powers (324.2101...324.2165) › 451-1994-I-21-16 - Subpart 16 Certified Copies of Field Notes, Maps, Records, and Papers (324.2160...324.2162) › Section 324.2160 - Delivery of Records as to Land Titles and Surveys; Certified Copies Admissible as Evidence.

324.2160 Delivery of records as to land titles and surveys; certified copies admissible as evidence.
Sec. 2160.
Upon receipt of an application of any person, and payment by the applicant of the fees provided for in this part, the department shall make and deliver to the applicant a true copy of any field notes, maps, records, or papers possessed by the department appertaining to land titles or to the original surveys of any of the lands in this state. Such a true copy, when certified to by the department under its seal, or the record thereof when recorded in the office of the register of deeds of the proper county, may be admitted in evidence in all courts and places in which the title or boundary of any land is in question, and shall have the same force and effect, as evidence, as though chapter XXXVI, 5 Stat. 384, had named the department as the officer to whom the surveyor general should deliver all the field notes, maps, records, and other papers appertaining to land titles.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA