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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
REBECCA A. HUMPHRIES director |
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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
REBECCA A. HUMPHRIES director |
POSITION
The Department opposes
this legislation.
PROBLEM/BACKGROUND
The parcel proposed for
conveyance is a 28-acre parcel known as the Bloomer #4 unit, gifted to the
Department in 1952. The parcel lies
outside of the dedicated boundary of nearby state lands and is subject to sale
or exchange to a local unit of government, as determined by the Land Review
process and Department policy. This
parcel has been identified as surplus to the needs of the Department as
determined by the Phase II Land Review process, and approval for disposal under
Phase III was granted by the Natural Resources Commission (NRC) on March 8,
2007. If transferred to the Township, deed
restrictions will require that this property remain open to the general public and
provide lake access for fishermen and hunters. These restrictions will also require that an
agreement with the Township contain the phrase "to maintain the property
for the State of Michigan" with a reverter clause that would return the
property to state ownership if restrictions are violated.
DESCRIPTION OF BILL
This bill would convey
the identified gifted parcel, via quit-claim deed, to White Lake Township for
the sum of $1.00 for exclusive use as a "natural area park". Upon termination of use by the Township, the
property would revert back to state ownership. The state retains mineral rights
and the rights associated with the Antiquities Act.
SUMMARY OF ARGUMENTS
Pro
This bill may allow
for additional use of the parcel if managed by White Lake Township.
Con
The intent of the Land
Consolidation process is to identify surplus parcels outside the approved
dedicated boundaries of various Department-owned facilities, then potentially
divest of those properties in a manner that generates the opportunity to
acquire in holdings present within the dedicated boundaries of Department-owned
facilities. This may be accomplished via
sale or land exchange. Sale of this
parcel for $1.00, to be deposited into the General Fund, does nothing to
further the intent of the Land Consolidation process. The bill does not address the deed
restrictions mentioned in the PROBLEM/BACKGROUND section of this analysis. The following paragraph explains the approved
disposal process:
Parcels identified for
exchange or sale will first be offered to governmental agencies, including the
appropriate local units of government. Agencies
will be asked to indicate their interest in acquiring the parcel by submitting
a Land Transaction Application, specifying the land in question. Some lands will be conveyed only to
governmental agencies or other alternate conservation owner with a conservation
easement on the parcel retained by the DNR.
Under this process, lands will be conveyed only by sale or exchange at a
value determined by appraisal. No lands
will be conveyed under Public Use Deeds for nominal values.
FISCAL/ECONOMIC
IMPACT
Are there revenue or
budgetary implications in the bill to the --
Budgetary:
None
Revenue:
The Department would lose the opportunity to utilize
this surplus property to acquire an inholding within the dedicated boundary of
a State-owned facility.
Comments:
This bill does not meet the intent of the Land
Consolidation process.
Budgetary:
Revenue:
Comments:
Comments:
Provides land for use
as a park for White Lake Township.
OTHER STATE DEPARTMENTS
ANY OTHER PERTINENT INFORMATION
In keeping with the intent of the Land Consolidation
process, the Department recommends utilizing this parcel as an exchange for a
parcel that is within the dedicated boundary of Highland Recreation Area. This 20-acre parcel, purchased from the state
by Highland Charter Twp. in 1999, was used as a recycling center for a period
of time. Since the Township is no longer
utilizing this parcel for that purpose, it would appear that the land would be
surplus to the needs of the Township at this point in time. Exchange of the Bloomer #4 parcel for this
Highland Twp. parcel would be encouraged by the Department, furthering the
goals of the Land Consolidation process. Following is the parcel description:
A parcel of land being part of the East ½ of Section 36, T3N, R7E,
Highland Township, Oakland County, Michigan; being more particularly described
as follows: Beginning at a point on the
North and South one-quarter line of said Section 36, and the nominal centerline
of Duck Lake Road, said point being due North 1822.49 feet from the South
one-quarter post of said Section 36, T3N, R7E; thence continuing along said
one-quarter line, due North 1097.37 feet; thence S 17 deg 18' 24" E 210.22
feet; thence S 81 deg 12' 45" E 144.10 feet; thence due South 200.00 feet;
thence S 14 deg 49' 01" W 582.39 feet; thence N 89 deg 32' 10" W
720.00 feet to the Point of Beginning.
The parcel totals 20 acres and was purchased by Highland Charter
Township in 1999. The purchase was
approved by the NRC and Director in a memo dated August 16, 1999.
ADMINISTRATIVE
RULES IMPACT
_______________________________
Rebecca A. Humphries
Director
_______________________________
Date
PRD/OLAF
