LANSING, Mich. — Several agriculture-related pieces of legislation have been introduced in the Michigan legislature so far this session.

 

According to state Rep. Klint Kesto (R-Commerce Township), Michigan property owners will have added protections against any state department or agency that attempts to take private property, as well as options to seek fair compensation if the process is done incorrectly. The Michigan House approved House Bill 4070 in March.

The state uses eminent domain to take property from individuals for public use. The so-called Taking Assessment guidelines, developed in the 1990s under the Property Rights Preservation Act and updated in 2001, details the basic rules and principles of eminent domain law, explains the procedures for due process and provides a checklist of considerations that departments must review.

According to a House Fiscal Agency analysis, the law currently applies to only three agencies: the departments of Environmental Quality (DEQ), Natural Resources (DNR) and Transportation (MDOT). This bill would add the Michigan Department of Agriculture and Rural Development (MDARD) to the agencies identified in the law.

In addition, HB. 4070 would include a new provision that allows a court to order the DEQ, DNR, MDOT or MDARD to pay for reasonable attorney fees and costs of private real property owners associated with legal proceedings, in which a department did not follow proper procedure in the taking of people’s property.

“This legislation is about protecting private property rights and giving people the opportunity to fight for their rights, if they believe they were treated unfairly,” said Kesto. “Taking private property is a government power of last resort, and it should be made difficult so the property owner’s rights and remedies are featured prominently every step of the way. 

 

“By increasing the tools property owners have to fight back, we are making Michigan a leader in citizens’ rights to own and use their property.” H.B. 4070 now goes to the Senate for consideration. Another bill, H.B. 4167, would affect businesses hauling agricultural field drainage tubing on Michigan’s state highways. They could employ different truck and trailer combinations, according to the bill’s sponsor, Rep. Ben Frederick.

Frederick, a Republican, represents people in parts of Shiawassee and Saginaw counties.

The bill has already passed the House and Senate. It creates an exemption for businesses hauling drainage tubing to use vehicle combinations up to 75 feet long, as opposed to the current 59- to 65-foot limit. At a hearing in March, Advanced Drainage Systems plant manager Rick Lamb testified about the legislation.

“Our company currently uses proprietary industry-specific vehicles in many jurisdictions in the U.S. and Canada,” he said. “The advantages include the ability to haul increased payloads and use an automatic unloading technology that enhances our employees’ safety.”

Lamb added that the updated hauling vehicles are less expensive to build, operate and maintain than the traditional semi-trailers his company now uses. The current transportation law already has exemptions of 70 feet truck-trailer lengths for saw logs, pulpwood or treelength poles and 75 feet for transporting motor vehicles, recreational vehicles and boats.

Other ag-related legislation currently under consideration include House bills 4561-4564, which pertain to how sales tax exemptions are handled for certain agricultural equipment; and H.B. 4611, which pertains to gaming, horse racing and third-party facilitator licenses; S.B. 382 is a counterpart to H.B. 4611.