Mich. Comp. Laws § 24.422

Current through Public Act 39 of the 2024 Legislative Session
Section 24.422 - Definitions

As used in this act:

(a) "Constitutional taking" or "taking" means the taking of private property by government action such that compensation to the owner of that property is required by either of the following:
(i) Amendment V or XIV of the constitution of the United States.
(ii) Section 23 of article I and section 2 of article X of the state constitution of 1963.
(b) "Departments" means the departments of natural resources, environmental quality, and transportation.
(c) "Government action" means any of the following:
(i) A decision on an application for a permit or license.
(ii) Proposed rules that if promulgated or enforced may limit the use of private property.
(iii) Required dedications or exactions of private property.
(iv) The enforcement of a statute or rule, including the issuance of an order.
(d) "Government action" does not include any of the following:
(i) The formal exercise of the power of eminent domain.
(ii) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law.
(iii) The discontinuance of government programs.
(e) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

MCL 24.422

1996, Act 101, Imd. Eff. 3/5/1996.