Mich. Comp. Laws » Michigan Compiled Laws / Chapter 474 / Act 295 of 1976
Michigan Compiled Laws

Mich. Comp. Laws § 474.51 (2026)

Short title; declaration of public purpose.

✓ current as of July 2026
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STATE TRANSPORTATION PRESERVATION ACT OF 1976


Act 295 of 1976


474.51 Short title; declaration of public purpose.

Sec. 1.

    (1) This act shall be known and may be cited as the "state transportation preservation act of 1976".

    (2) There exists a need to provide authorization for financial assistance for the capital improvement, maintenance, and operation of rail, street railway, intercity bus, and ferry services in this state. To undertake the planning, development, acquisition, and operation of these services is in the best interest of the state and is a valid public purpose.

    (3) The preservation of abandoned railroad rights of way for future rail use and their interim use as public trails is declared to be a public purpose.

History: 1976, Act 295, Eff. Nov. 15, 1976 ;-- Am. 2008, Act 488, Imd. Eff. Jan. 12, 2009

Constitutionality Notes:

    MCL 474.51 et seq. and MCL 247.660b et seq. are constitutional. In re Advisory Opinion 1976 PA 295 and 1976 PA 297, 401 Mich 686; 259 NW2d 129 (1977).

Notes of Decisions
Cited in 7 cases, 1977–2011 · leading case: Dep't of Nat. Resources v. Carmody-Lahti Real Est., Inc, 699 N.W.2d 272 (Mich. 2005).
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Dep't of Nat. Resources v. Carmody-Lahti Real Est., Inc, 699 N.W.2d 272 (Mich. 2005). · cites it 4× “[12] MCL 474.51 et seq. [13] Quinn, supra at 150 , 239 N.”
Advisory Opinion on Constitutionality of 1976 PA 295, 1976 PA 297, 1976 PA 297 (Mich. 1977). · cites it 6× “, Brotherhood of Railway, Steamship, *693 and Airline Clerks, Brotherhood of Maintenance Way Employees, and Michigan Rail Action Association, by James F.”
Thompson v. United States, 101 Fed. Cl. 416 (Fed. Cl. 2011). “21 The Government also contends that preservation of the railroad right-of-way is, in and of itself, a “railroad purpose.”
Bingham Twp. v. RLTD R.R., 624 N.W.2d 725 (Mich. 2001). · cites it 2× “State Transportation Preservation Act, MCL 474.51 et seq.) MSA 22.180(21) et seq.”
Dana R. Hodges Trust v. United States, 101 Fed. Cl. 549 (Fed. Cl. 2011). “Defendant reasons that, if a railroad easement by prescription is “for a public use,” and Michigan has statutorily determined that “preservation of abandoned railroad rights of way for future rail use and their interim use as public trails is declared to be a public purpose,”…”
Bingham Twp. v. Rltd R.R. Corp., 576 N.W.2d 731 (Mich. Ct. App. 1998). “72102, in which it again stated that the acquisition, development, and maintenance of Michigan trailways is in the best interest of the state and is declared to be a public purpose.”
Bingham Twp. v. RLTD R.R., 603 N.W.2d 795 (Mich. Ct. App. 1999). · cites it 2× “, and the State Transportation Preservation Act [STPA], MCL 474.51 et seq.) MSA 22.180(21) et seq.”
— Mich. Comp. Laws § 474.51(3) — 4 cases
Dep't of Nat. Resources v. Carmody-Lahti Real Est., Inc, 699 N.W.2d 272 (Mich. 2005). “[12] MCL 474.51 et seq. [13] Quinn, supra at 150 , 239 N.”
Bingham Twp. v. RLTD R.R., 624 N.W.2d 725 (Mich. 2001). “State Transportation Preservation Act, MCL 474.51 et seq.) MSA 22.180(21) et seq.”
Bingham Twp. v. Rltd R.R. Corp., 576 N.W.2d 731 (Mich. Ct. App. 1998). “72102, in which it again stated that the acquisition, development, and maintenance of Michigan trailways is in the best interest of the state and is declared to be a public purpose.”
Bingham Twp. v. RLTD R.R., 603 N.W.2d 795 (Mich. Ct. App. 1999). “, and the State Transportation Preservation Act [STPA], MCL 474.51 et seq.) MSA 22.180(21) et seq.”
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