Michigan Laws 324.72108 – Department; powers; acquisition of land as Pure Michigan Trail; transfer or use of railroad right-of-way; assumption of liability; “fair value” defined
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.72108
- Department: means the department of natural resources. See Michigan Laws 324.72101
- Director: means the director of the department or his or her designee. See Michigan Laws 324.72101
- Fund: means the Pure Michigan Trails fund created in section 72109. See Michigan Laws 324.72101
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Pure Michigan Trail: means a trail designated as a "Pure Michigan Trail" under section 72103. See Michigan Laws 324.72101
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trail: means a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel. See Michigan Laws 324.72101
(1) The department may do any of the following:
(a) Grant easements or, pursuant to part 13, use permits or lease land owned by this state that is being used for a Pure Michigan Trail for a use that is compatible with the use of the Pure Michigan Trail.
(b) Enter into contracts for concessions along a state owned Pure Michigan Trail.
(c) Lease land adjacent to a state owned Pure Michigan Trail for the operation of concessions.
(2) If the department acquires land, the director may state that the specified land is acquired for use as a Pure Michigan Trail. Following acquisition of land that the director states is acquired for use as a Pure Michigan Trail, any revenue derived from the land under subsection (1), except as otherwise provided by law, must be deposited into the fund.
(3) If the department enters into negotiations with a railroad for the department to become a trail sponsor under 16 USC 1247(d), the department shall comply with 49 C.F.R. § 1152.29(a)(2)(ii). The department shall assume full responsibility for any potential legal liability arising out of the transfer or use of the railroad right-of-way. In exchange for the department’s assumption of liability, the railroad shall provide the department with the fair value of the department’s assumption of liability. As used in this subsection, “fair value” means the value that the department and the railroad mutually agree accurately reflects the risk of liability assumed by the department.