24.422 Definitions.

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24.422 Definitions.

Sec. 2.

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.

History: 1996, Act 101 , Imd. Eff. Mar. 5, 1996