Michigan Compiled Laws
451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117)
Section 324.36108 - Special Assessments.

Sec. 36108.
(1) A city, village, township, county, or other governmental agency shall not impose special assessments for sanitary sewers, water, lights, or nonfarm drainage on land for which a development rights agreement or easement has been recorded, except for years before 1995 as to a dwelling or a nonfarm structure located on the land, unless the assessments were imposed before the recording of the development rights agreement or easement.
(2) Land covered by this exemption shall be denied use of an improvement created by the special assessment until it has paid that portion of the special assessment directly attributable to the actual use of the improvement created by the special assessment.
(3) Upon termination of a development rights agreement or easement that has been exempt from a special assessment under this section, a city, village, township, county, or other governmental agency may impose the previously exempted special assessment. However, the amount of that special assessment shall not exceed the amount the special assessment would have been at the initial time of exemption, and shall not be subject to interest or penalty.
(4) If a dwelling or a nonfarm structure located on land covered by a development rights agreement or easement is required under the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.1101 to 333.25211 of the Michigan Compiled Laws, to connect to an improvement created by a special assessment, the owner of that dwelling or nonfarm structure shall pay only that portion of the special assessment directly attributable to the actual use of the improvement created by the special assessment.
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 233, Imd. Eff. June 5, 1996 Popular Name: Act 451Popular Name: Farmland and Open SpacePopular Name: NREPA

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article III - Natural Resources Management (324.30101...324.83109)

451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507)

451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207)

451-1994-III-1-LAND-HABITATS-361 - Part 361 Farmland and Open Space Preservation (324.36101...324.36117)

Section 324.36101 - Definitions.

Section 324.36102 - Development Rights Agreement or Easement; Execution Authorized; Provisions.

Section 324.36103 - Development Rights Agreement or Easement; Effect of Execution and Acceptance; Term; Limitation; Disposition; Prior Lien, Lease, or Interest Not Superseded; Lien of State or Local Governing Body; Subordination.

Section 324.36104 - Application for Farmland Development Rights Agreement; Form; Contents; Notice; Review, Comment, and Recommendations; Approval or Rejection; Appeal; Preparation, Contents, Execution, and Recordation of Agreement; Annual Listing of...

Section 324.36104a - Permitted Use; Criteria.

Section 324.36105 - Open Space Land; Application for Open Space Development Rights Easement; Approval or Rejection; Provisions; Tax Exemption.

Section 324.36106 - Open Space Land; Application for Open Space Development Rights Easement; Form; Contents; Notice; Review, Comments, and Recommendations; Approval or Rejection; Preparation and Contents of Easement; Appraisal; Statement of Fair Mark...

Section 324.36107 - Notice of Owners' Intentions Regarding Extension or Expiration of Agreement or Easement; Notice of Lien.

Section 324.36108 - Special Assessments.

Section 324.36109 - Credit Against State Income Tax or Former State Single Business Tax Act or Michigan Business Tax Act.

Section 324.36110 - Sale of Land; Notice; Death or Disability of Owner; Division Into Smaller Parcels of Land; "Individual Essential to the Operation of a Farm" Defined; Fee Prohibited.

Section 324.36111 - Expiration, Renewal, Relinquishment, or Termination of Development Rights Agreement.

Section 324.36111a - Relinquishment of Development Rights Agreement; Conditions; “Economic Viability” Defined.

Section 324.36111b - Development Rights or Acquisition of Agricultural Conservation Easements; Application; Selection Criteria and Scoring System; Notification; Points; Determination of Development Rights Value; Approval by Director; Installment Purc...

Section 324.36112 - Relinquishment of Open Space Development Rights Easement Pursuant to MCL 324.36105.

Section 324.36113 - Relinquishment of Open Space Development Rights Easement Pursuant to MCL 324.36106.

Section 324.36114 - Injunction; Penalty.

Section 324.36115 - Exchange of Information.

Section 324.36116 - Rules.

Section 324.36117 - Repealed. 2016, Act 265, Eff. Sept. 26, 2016.