SB 960

SENATE BILL NO. 960
A bill to authorize the governing body of a local government
to remove certain private restrictions or covenants on commercial property; to
provide for the powers and duties of certain state and local governmental
officers and entities; and to provide remedies.
the people of the state of michigan enact:
Sec. 1. This act may be
cited as the "dark store prevention act".
Sec. 2. As used in this
act:
(a) "Commercial property"
means commercial real property used for commercial purposes, including
wholesale, retail, or service. Commercial property does not include properties
in an area zoned for industrial use.
(b) "Local
government" means a city, village, or township.
(c) "Private restriction
or covenant" means a requirement, provision, or statement in a deed,
lease, or contract that restrains or limits the use of a property or requires a
use of a property.
Sec. 3. (1) The governing
body of a local government may file a complaint to
bring an action to remove a private restriction or covenant from a commercial property within that local government's
jurisdiction if all of the following conditions apply:
(a) The commercial property
is in an area zoned for retail use.
(b) A building or structure
on the commercial property has been vacant for
at least 2 years.
(c) The governing body of the local
government holds at least 1 public hearing regarding the proposed removal of
the private restriction or covenant from the commercial property.
(d) The commercial property is
blighted property. As used in this subdivision, "blighted property"
means that term as defined in section 2 of 1945 PA 344, MCL 125.72.
(2) To remove a private restriction or covenant from a commercial property that
meets all of the conditions described in subsection (1), the governing
body of the local government must file a complaint to
bring an action in the circuit court of the county in which the commercial property is located. An action under this section must be brought as an
in rem, declaratory judgment action and the title of the action must be the
description of the commercial property. The
governing body of the local government and the commercial
property owner are necessary parties to the action.
(3) In an action brought under this
section, the governing body of a county may intervene as a plaintiff if the
commercial property is located within the jurisdiction of the county.
(4) In an action brought
under this section, if the court finds that any provision of the deed or
instrument of the commercial property contains
a private restriction or covenant and the commercial property
meets all of the conditions described in
subsection (1), the court shall enter an order striking the private restriction
or covenant from the records of the register of deeds and eliminating the
private restriction or covenant from the deed or other instrument for the commercial property described in the complaint.
Sec. 4. A register of deeds
is entitled to the fees under section 2567 of the revised judicature act of
1961, 1961 PA 236, MCL 600.2567, for recording a document, deed, or other
instrument prepared and recorded under this act.