2006 House Bill 5821 / Public Act 439

Revise government property takings provisions

Introduced in the House

March 2, 2006

Introduced by Rep. Bill McConico (D-5)

To require a government agency taking a property under eminent domain to outline for the owner his or her rights in the process, and revise certain deadlines and procedures for a property owner making a claim that the compensation is not adequate.

Referred to the Committee on Government Operations

May 2, 2006

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 30, 2006

Substitute offered

To replace the previous version of the bill with one that is essentially a "work in progress," with further revisions incorporated into the Drolet substitute.

The substitute failed by voice vote

Substitute offered by Rep. Leon Drolet (R-33)

To replace the previous version of the bill with one that adds a provision compensating a homeowner who because of the Proposal A taxable value property tax "pop-up" feature must pay much higher property taxes on a replacement home after a home he or she has owned for a long time is taken for public use. The “pop-up” is a provision of the 1994 Proposal A property tax assessment cap in which the market value of newly-purchased property becomes the basis for its property tax assessment, rather than the capped “taxable value” of the previous owner, which is lower.

The substitute passed by voice vote

May 31, 2006

Passed in the House 103 to 0 (details)

To require a government agency taking a property under eminent domain to outline for the owner his or her rights in the process, and revise certain deadlines and procedures for a property owner making a claim that the compensation is not adequate. Also, to require additional compensation to a homeowner who because of the Proposal A taxable value property tax "pop-up" feature must pay much higher property taxes on a replacement home after a home he or she has owned for a long time is taken for public use.

Received in the Senate

June 1, 2006

Referred to the Committee on Transportation

Sept. 13, 2006

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Sept. 14, 2006

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. This was amended to specify procedures and rules for addressing a "counteroffer" from a property owner who contends that the government's appraisal of property it wants to take is inadequate.

The substitute passed by voice vote

Sept. 19, 2006

Passed in the Senate 37 to 0 (details)

To require a government agency taking a property under eminent domain to outline for the owner his or her rights in the process, and revise certain deadlines and procedures for a property owner making a claim that the compensation is not adequate. Also, to require additional compensation to a homeowner who because of the Proposal A taxable value property tax "pop-up" feature must pay much higher property taxes on a replacement home after a home he or she has owned for a long time is taken for public use.

Received in the House

Sept. 19, 2006

Sept. 21, 2006

Passed in the House 107 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

Oct. 3, 2006