2011 House Bill 4298 / Public Act 323

Revise DNR roadway easement requirements

Introduced in the House

Feb. 17, 2011

Introduced by Rep. Steven Lindberg (D-109)

To require the Department of Natural Resources and Environment to grant a roadway easement over state land to an individual’s property if there is no other means of access, with several exceptions, if the owner grants similar easement to the department across the owner’s land, and subject to any other conditions the department wants to impose. Under current law the department “may” grant and easement, but is not required to.

Referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation

June 21, 2011

Reported without amendment

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

June 29, 2011

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

June 30, 2011

Passed in the House 99 to 9 (details)

To require the Department of Natural Resources and Environment to grant a roadway easement over state land to an individual’s property if there is no other means of access, with several exceptions, if the owner grants similar easement to the department across the owner’s land, and subject to any other conditions the department wants to impose. Under current law the department “may” grant and easement, but is not required to.

Received in the Senate

July 13, 2011

Referred to the Committee on Natural Resources, Environment, and Great Lakes

Nov. 1, 2011

Reported without amendment

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

Nov. 8, 2011

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Nov. 9, 2011

Amendment offered by Sen. Rebekah Warren (D-18)

To only require an easement be granted if the property was presumed to be accessible when it was purchased by the current owner because of the existence of a road.

The amendment failed by voice vote

Amendment offered by Sen. Rebekah Warren (D-18)

To only require an easement be granted if "landlocked" property owner bought the property knowing it lacked vehicle access.

The amendment failed by voice vote

Amendment offered by Sen. Rebekah Warren (D-18)

To only require an easement be granted if the parcel "was legally created in compliance with state law," including the state subdivision law.

The amendment failed by voice vote

Passed in the Senate 25 to 12 (details)

To require the Department of Natural Resources and Environment to grant a roadway easement over state land to an individual’s property if there is no other means of access, with several exceptions, if the owner grants similar easement to the department across the owner’s land, and subject to any other conditions the department wants to impose. Under current law the department “may” grant and easement, but is not required to.

Received in the House

Dec. 8, 2011

Dec. 15, 2011

Passed in the House 98 to 9 (details)

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

Signed by Gov. Rick Snyder

Dec. 27, 2011