Sec. 271.
(1) If a railroad company, or its trustee or successor in interest, has an interest in real property adjacent to a right-of-way approved for abandonment within this state that is not necessary for the operation of rail services over the right-of-way, which adjacent real property has leasehold improvements upon it, or if a railroad company, or its trustee or successor in interest, seeks to convey under any other circumstances its interest in real property adjacent to a right-of-way, which adjacent real property has leasehold improvements upon it, the railroad company, trustee, or successor in interest first shall extend a written offer to sell that real property at fair market value to a person or entity holding a lease, license, or permit or owning leasehold improvements on that adjacent real property. The offer shall contain the legal description of the property; the real property rights to be conveyed by the seller; and proof of a good and marketable title to those rights, the cost of which shall be paid by the offeror. A person or entity holding a lease, license, or permit or owning leasehold improvements on the real property shall respond to the written offer within 60 days after receipt of the offer to sell. If the person or entity holding a lease, license, or permit or owning leasehold improvements on the adjacent real property also owns leasehold improvements on the right-of-way approved for abandonment, the railroad company or its trustee or successor in interest shall include that portion of the right-of-way which the leasehold improvements are on in its written offer of sale under this subsection, if that portion of the right-of-way is not necessary for the operation of rail services.
(2) If the parties disagree concerning the price or other terms of the sale, either party may apply to the state tax commission to resolve the disagreement. The application shall be made within 60 days after the railroad company, trustee, or successor in interest has received the written response.
(3) The state tax commission shall provide a hearing on the disagreement pursuant to chapter 4 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.271 to 24.287 of the Michigan Compiled Laws, and subsection (4). Within 90 days after the dispute is filed, the commission shall make a determination of the fair market value of the property and other terms of the sale that were in dispute.
(4) The decision and order of the commission under subsection (3) shall be binding on the parties. The decision and order issued by the commission under this section shall establish just and equitable terms of the sale. In determining the fair market value of the real property, the commission shall obtain 3 independent appraisals as follows:
(a) Each party shall select 1 appraiser and the cost of an appraisal under this subdivision shall be paid by the party for whom the appraisal is prepared.
(b) The commission shall appoint a third appraiser and the cost of this appraisal shall be divided equally between the parties.
(5) This section shall not apply to a railroad company, or its trustee or successor in interest, subject to the jurisdiction of the interstate commerce commission or a successor agency.
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Structure Michigan Compiled Laws
Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451)
Section 462.101 - Short Title.
Section 462.103 - Meanings of Words and Phrases.
Section 462.105 - Definitions; a to G.
Section 462.107 - Definitions; H to P.
Section 462.109 - Definitions; R to W.
Section 462.131 - Regulatory and Police Power of Department; Rules.
Section 462.133 - Records to Be Kept by Department.
Section 462.137 - Reports to Be Furnished to Department.
Section 462.155 - Rescission, Alteration, or Amendment of Order.
Section 462.157 - Orders, Regulations, Practices, and Services; Effect.
Section 462.161 - Review of Order; Time for Bringing Action.
Section 462.175 - Authority of Department to Obtain Information.
Section 462.203 - Stock Certificate; Signature; Seal.
Section 462.205 - Applicability of MCL 450.1101 to 450.2098 to Railroad Corporations.
Section 462.217 - Annual Meeting; Statement of Affairs.
Section 462.221 - Stock as Personal Estate; Transfer.
Section 462.223 - Railroad Company; Liabilities and Restrictions.
Section 462.225 - Ownership and Operation of Steamboats, Barges, or Vessels; Conditions.
Section 462.227 - Ownership and Operation of Steamboats, Barges, or Vessels; Number; Restrictions.
Section 462.233 - Cutting Dangerous Trees.
Section 462.235 - Land Held by Foreign Company; Transfer of Title.
Section 462.241 - Acquisition of Property in Manner Prescribed by MCL 213.51 to 213.77; Exception.
Section 462.243 - Purchase of Land Belonging to State, City, Village, County, or Township.
Section 462.247 - Negotiation by Railroad Bridge or Tunnel Company With Railroad Company; Purpose.
Section 462.251 - Removal of Person From Train by Conductor or Employee.
Section 462.257 - Conduct as Felony or Misdemeanor; Penalties.
Section 462.259 - Liability of Railroad Company for Loss or Damage by Fire.
Section 462.261 - Liability of Railroad Company for Death or Injury to Passenger.
Section 462.263 - Transportation of Railroad Employees; Vehicles.
Section 462.303 - Traffic Control Devices; Determination and Order by Department.
Section 462.305 - Order of Department.
Section 462.311 - Passive Traffic Control Devices; Street Lighting.
Section 462.313 - National Inventory Signs.
Section 462.315 - Active Traffic Control Devices; Maintenance Payments.
Section 462.317 - Clear Vision Areas; Expenditure of Funds Relating to High Speed Rail Corridor.
Section 462.321 - Acquisition of Property Rights by Condemnation.
Section 462.323 - Farm Crossings; Other Private Crossings.
Section 462.325 - Fencing in Agricultural Areas; Other Areas.
Section 462.333 - Unsafe Bridge; Prohibited Conduct.
Section 462.335 - Unsafe Bridge; Penalties for Certain Conduct.
Section 462.337 - Applicability of Act.
Section 462.351 - “Operator” and “Operate” Defined.
Section 462.355 - Repealed. 2002, Act 658, Eff. Apr. 1, 2003.
Section 462.359 - Chemical Test and Analysis of Operator's Blood, Urine, or Breath.
Section 462.361 - Chemical Tests of Blood, Breath, or Urine; Consent; Administration.
Section 462.363 - Refusal to Submit to Chemical Test; Report.
Section 462.365 - Report of Certain Convictions; Form.
Section 462.369 - Railroad Police Officer Applicant; Cost of Training.
Section 462.371 - Railroad Police Officer; Application Fee; Identification.
Section 462.373 - Railroad Police Officer; Notice of Appointment.
Section 462.375 - Railroad Police Officer; Oath.
Section 462.377 - Railroad Police Officer; Duties and Powers.
Section 462.379 - Keepers of Jails, Lockups, and Station Houses.
Section 462.381 - Railroad Police Officer; Wearing and Receiving Badge.
Section 462.383 - Railroad Police Officer; Surety Bond.
Section 462.385 - Railroad Police Officer; Delivery of Commission; Identification Card; Roster.
Section 462.387 - Railroad Police Officer; Compensation.
Section 462.389 - Railroad Police Officer; Termination.
Section 462.400 - Employee Sanitation and Shelter Facilities; Rules; Compliance With Section.
Section 462.431 - Liens; Effect.
Section 462.450 - Applicability of Act to Street Railway Organized Under MCL 472.1 to 472.31.