Mich. Comp. Laws » Michigan Compiled Laws / Chapter 124 / Act 258 of 2003

Mich. Comp. Laws § 124.755

Acquisition of property; accepting deed in lieu of foreclosure or sale; release of tax lien.

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LAND BANK FAST TRACK ACT


Act 258 of 2003


124.755 Acquisition of property; accepting deed in lieu of foreclosure or sale; release of tax lien.

Sec. 5.

    (1) Except as provided in section 4(8), an authority may acquire by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the authority considers proper, real or personal property, or rights or interests in real or personal property.

    (2) Real property acquired by an authority by purchase may be by purchase contract, lease purchase agreement, installment sales contract, land contract, or otherwise, except as provided in section 4(8). The authority may acquire real property or rights or interests in real property for any purpose the authority considers necessary to carry out the purposes of this act, including, but not limited to, 1 or more of the following purposes:

    (a) The use or development of property the authority has otherwise acquired.

    (b) To facilitate the assembly of property for sale or lease to any other public or private person, including, but not limited to, a nonprofit or for profit corporation.

    (c) To protect or prevent the extinguishing of any lien, including a tax lien, held by the authority or imposed upon property held by the authority.

    (3) An authority may also acquire by purchase, on terms and conditions and in a manner the authority considers proper, property or rights or interest in property from 1 or more of the following sources:

    (a) The department of natural resources under section 2101 or 2102 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101 and 324.2102.

    (b) A foreclosing governmental unit under the general property tax act, 1893 PA 206, MCL 211.1 to 211.157.

    (c) The Michigan state housing development authority under the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.

    (4) An authority may hold and own in its name any property acquired by it or conveyed to it by this state, a foreclosing governmental unit, a local unit of government, an intergovernmental entity created under the laws of this state, or any other public or private person, including, but not limited to, tax reverted property and property with or without clear title.

    (5) All deeds, mortgages, contracts, leases, purchases, or other agreements regarding property of an authority, including agreements to acquire or dispose of real property, may be approved by and executed in the name of the authority.

    (6) A foreclosing governmental unit may not transfer property subject to forfeiture, foreclosure, and sale under sections 78 to 78p of the general property tax act, 1893 PA 206, MCL 211.78 to 211.78p, until after the property has been offered for sale or other transfer under section 78m of the general property tax act, 1893 PA 206, MCL 211.78m, and the foreclosing governmental unit has retained possession of the property under section 78m(7) of the general property tax act, 1893 PA 206, MCL 211.78m.

History: 2003, Act 258, Imd. Eff. Jan. 5, 2004

Compiler's Notes:

    For transfer of powers and duties relative to land bank fast track act, 2003 PA 258, performed by Michigan strategic fund to Michigan state housing development authority, see E.R.O. No. 2013-3, compiled at MCL 125.1393.

    For abolishment of the existing board of directors and position of director of the state land bank fast track authority, the renaming the state land bank fast track authority to the state land bank authority, the type I transfer of the powers and duties of the state land bank authority, including revenue bonding powers from the Michigan strategic fund, to the department of labor and economic opportunity, and the reestablishment of the board of directors of the state land bank authority, see E.R.O. No. 2019-3, compiled at MCL 125.1998.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2014–2022 · leading case: Rental Properties Owners Ass'n v. Kent County Treasurer
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Rental Properties Owners Ass'n v. Kent County Treasurer (2014) michctapp · cites it 23× “They claimed that the Treasurer, the County, and the KCLBA’s actions violated MCL 124.755 and deprived the 3830 G parties of an opportunity to bid on and purchase any of the County properties.”
in Re Petition of Kent County Land Bank Authority (2014) michctapp · cites it 23× “They claimed that the Treasurer, the County, and KCLBA’s actions violated MCL 124.755 and deprived the 3830 G parties of an opportunity to bid on and purchase any of the County properties.”
City of Highland Park v. State Land Bank Authority (2022) michctapp · cites it 3× “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
City of Highland Park v. State Land Bank Authority (2022) michctapp · cites it 3× “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
Hall v. Meisner (2021) mied “Although Grand Rapids entered into an agreement with the KCLBA before purchasing the properties from the Kent County Treasurer, and the KCLBA placed the money in escrow for Grand Rapids to purchase the properties from the Kent County Treasurer, it does not follow from the…”
— Mich. Comp. Laws § 124.755(1) — 4 cases
Rental Properties Owners Ass'n v. Kent County Treasurer (2014) michctapp “They claimed that the Treasurer, the County, and the KCLBA’s actions violated MCL 124.755 and deprived the 3830 G parties of an opportunity to bid on and purchase any of the County properties.”
in Re Petition of Kent County Land Bank Authority (2014) michctapp “They claimed that the Treasurer, the County, and KCLBA’s actions violated MCL 124.755 and deprived the 3830 G parties of an opportunity to bid on and purchase any of the County properties.”
City of Highland Park v. State Land Bank Authority (2022) michctapp “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
City of Highland Park v. State Land Bank Authority (2022) michctapp “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
— Mich. Comp. Laws § 124.755(3)(b) — 2 cases
City of Highland Park v. State Land Bank Authority (2022) michctapp “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
City of Highland Park v. State Land Bank Authority (2022) michctapp “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
— Mich. Comp. Laws § 124.755(4) — 2 cases
City of Highland Park v. State Land Bank Authority (2022) michctapp “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
City of Highland Park v. State Land Bank Authority (2022) michctapp “MCL 124.755(1). Defendant may acquire property from a foreclosing governmental unit under The General Property Tax Act3 (the GPTA).”
— Mich. Comp. Laws § 124.755(6) — 3 cases
Rental Properties Owners Ass'n v. Kent County Treasurer (2014) michctapp “They claimed that the Treasurer, the County, and the KCLBA’s actions violated MCL 124.755 and deprived the 3830 G parties of an opportunity to bid on and purchase any of the County properties.”
in Re Petition of Kent County Land Bank Authority (2014) michctapp “They claimed that the Treasurer, the County, and KCLBA’s actions violated MCL 124.755 and deprived the 3830 G parties of an opportunity to bid on and purchase any of the County properties.”
Hall v. Meisner (2021) mied “Although Grand Rapids entered into an agreement with the KCLBA before purchasing the properties from the Kent County Treasurer, and the KCLBA placed the money in escrow for Grand Rapids to purchase the properties from the Kent County Treasurer, it does not follow from the…”
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