Michigan 2023-2024 Regular Session

Michigan House Bill HB6192

Introduced
11/26/24  

Caption

Land use: land division; path, sidewalk, or walkway; provide for relinquishment of easement. Amends sec. 222a of 1967 PA 288 (MCL 560.222a).

Impact

If enacted, the bill would simplify the procedures required for relinquishing both public utility easements and public pathways, thereby enhancing local governance by allowing communities to make more autonomous decisions regarding land use. The requirement for a two-thirds majority agreement amongst neighboring property owners ensures that any changes in land use still consider the interests of the surrounding community. This shift is expected to have positive implications for urban development and redevelopment projects that may require the reassignment of such easements.

Summary

House Bill 6192 aims to amend the Land Division Act of 1967 by modifying the provisions concerning the relinquishment of public utility easements and dedicated paths in recorded plats. Specifically, it allows for the relinquishment of an easement without the necessity of filing an action in circuit court, provided that there is a written agreement among the necessary parties. This includes public utilities, landowners of impacted parcels, a two-thirds majority of owners within 300 feet of the easement, and the governing municipality. The ability to streamline this process is intended to reduce the legal complexities involved in changing the usage of these land areas.

Contention

Notably, the bill could provoke debates regarding its implications for local control and governance. While proponents argue that the bill empowers local municipalities to efficiently manage their land resources, critics might express concerns that it could potentially undermine community input by allowing easement relinquishment through majority agreements that might not reflect the desires of all affected residents. This tension reflects broader discussions about the balance of power between local governments and private interests in land use regulations.

Companion Bills

No companion bills found.

Previously Filed As

MI SB0016

Land use: farmland and open space; relinquishment of portion of farmland from agreement or easement; allow to make boundaries more regular. Amends secs. 36103, 36110 & 36111 of 1994 PA 451 (MCL 324.36103 et seq.).

MI SB0047

Land use: farmland and open space; relinquishment of portion of farmland from agreement or easement; allow to make boundaries more regular. Amends secs. 36103, 36110 & 36111 of 1994 PA 451 (MCL 324.36103 et seq.).

MI SB0480

Land use: land division; number of parcels resulting from division; modify. Amends sec. 108 of 1967 PA 288 (MCL 560.108).

MI HB4836

Land use: land division; number of parcels resulting from division; modify. Amends sec. 108 of 1967 PA 288 (MCL 560.108).

MI HB4081

Land use: land division; number of parcels resulting from division; authorize counties and municipalities to increase. Amends sec. 108 of 1967 PA 288 (MCL 560.108).

MI SB0023

Land use: land division; number of parcels resulting from division; authorize counties and municipalities to increase. Amends sec. 108 of 1967 PA 288 (MCL 560.108).

MI SB1172

Land division; water; transportation; turf

MI SF2111

Requirements modification for conveying easements and leasing state lands

MI SB0337

Land use: other; certified survey map requirements; modify. Amends secs. 1, 2 & 3 of 1970 PA 132 (MCL 54.211 et seq.).

MI HB0368

Local Land Use Amendments

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