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2011 House Bill 4298: Revise DNR roadway easement requirements

Public Act 323 of 2011

Introduced by Rep. Steven Lindberg (D) on February 17, 2011
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.   Official Text and Analysis.
Referred to the House Natural Resources, Tourism, and Outdoor Recreation Committee on February 17, 2011
Reported in the House on June 21, 2011
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
Substitute offered in the House on June 29, 2011
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 in the House on June 29, 2011
Passed 99 to 9 in the House on June 30, 2011.
    See Who Voted "Yes" and Who Voted "No".
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 on July 13, 2011
Referred to the Senate Natural Resources, Environment & Great Lakes Committee on July 13, 2011
Reported in the Senate on November 1, 2011
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Substitute offered in the Senate on November 8, 2011
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 in the Senate on November 8, 2011
Amendment offered by Sen. Rebekah Warren (D) on November 9, 2011
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 in the Senate on November 9, 2011
Amendment offered by Sen. Rebekah Warren (D) on November 9, 2011
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 in the Senate on November 9, 2011
Amendment offered by Sen. Rebekah Warren (D) on November 9, 2011
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 in the Senate on November 9, 2011
Passed 25 to 12 in the Senate on November 9, 2011.
    See Who Voted "Yes" and Who Voted "No".
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 on December 8, 2011
Passed 98 to 9 in the House on December 15, 2011.
    See Who Voted "Yes" and Who Voted "No".
To concur with the Senate-passed version of the bill.
Signed by Gov. Rick Snyder on December 27, 2011

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