2006 House Bill 5818 / Public Act 370

Revise government property takings provisions

Introduced in the House

March 2, 2006

Introduced by Rep. Leon Drolet (R-33)

To allow a court to award attorney or expert witness fees to a low income person who brings an unsuccessful challenge to a government taking of his or her property under eminent domain. This would not apply to challenges of road projects.

Referred to the Committee on Government Operations

April 18, 2006

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 30, 2006

Substitute offered

To replace the previous version of the bill with one that raises the income threshold for being eligible for an award of attorney or expert witness fees, from 125 percent of the federal poverty line to 200 percent.

The substitute passed by voice vote

May 31, 2006

Passed in the House 104 to 0 (details)

Received in the Senate

June 1, 2006

Referred to the Committee on Transportation

June 15, 2006

Reported without amendment

With the recommendation that the amendments be adopted and that the bill then pass.

June 21, 2006

Amendment offered

To clarify the the road-taking exemption in the bill apples to any government-owned transportation project. "Transportation project" is not defined.

The amendment passed by voice vote

June 22, 2006

Amendment offered by Sen. Jud Gilbert (R-25)

To sunset the bill after one year. It would no longer be effective after Dec. 31, 2007, unless renewed by the legislature.

The amendment passed by voice vote

Amendment offered by Sen. Samuel B. Thomas (D-4)

To clarify that the provisions granting costs to an indigent person who unsuccessfully challenges a taking do not affect an indigent person's ability to collect attorney and related fees if he or she wins.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To allow a court to award attorney and expert witness fees to a low income person who brings an unsuccessful challenge to a government taking of his or her property under eminent domain. This would not apply to challenges of road projects. The bill has a one-year sunset, making it an "experiment" unless renewed.

Received in the House

June 22, 2006

Sept. 5, 2006

Passed in the House 106 to 0 (details)

To concur with the Senate-passed version of the bill, which added a one-year sunset to the bill, making it an "experiment".

Signed by Gov. Jennifer Granholm

Sept. 20, 2006