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Michigan Statutes, Title 125

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Title 125, PLANNING, HOUSING, AND ZONING

110 chapters · 1,399 sections in this title.

All chapters in Title 1251,399 Ch 57-of-2018, RECODIFIED TAX INCREMENT FINANCING ACT186 Ch 346-of-1966, STATE HOUSING DEVELOPMENT AUTHORITY …151 Ch 270-of-1984, MICHIGAN STRATEGIC FUND ACT132 Ch 167-of-1917, HOUSING LAW OF MICHIGAN65 Ch 96-of-1987, THE MOBILE HOME COMMISSION ACT59 Ch 110-of-2006, MICHIGAN ZONING ENABLING ACT51 Ch 230-of-1972, STILLE-DEROSSETT-HALE SINGLE STATE C…51 Ch 18-of-1933 (Ex. Sess.), HOUSING FACILITIES50 Ch 338-of-1974, ECONOMIC DEVELOPMENT CORPORATIONS ACT40 Ch 173-of-1992, LAND RECLAMATION AND IMPROVEMENT AUT…38 Ch 33-of-2008, MICHIGAN PLANNING ENABLING ACT32 Ch 224-of-1985, ENTERPRISE ZONE ACT30 Ch 381-of-1996, BROWNFIELD REDEVELOPMENT FINANCING ACT29 Ch 250-of-1941, URBAN REDEVELOPMENT CORPORATIONS LAW25

1,399 sections·Filtered byTitle 125✕

Mich. Comp. Laws § 125.4321 Consultation representative of authority and council.
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Sec. 321. Periodically a representative of the authority responsible for preparation of a development or tax increment financing plan within the development area shall consult with and advise the development area citizens council regarding the aspects of a development plan, inclu…
Mich. Comp. Laws § 125.4322 Meetings of council; open to public; notice; hearing persons present at meeting; record; information and technical assistance; failures not precluding adoption of development plan.
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Sec. 322. (1) Meetings of the council shall be open to the public. Notice of the time and place of the meetings shall be posted in at least 10 conspicuous places in the development area accessible to the public not less than 5 days before the dates set for meetings of the council…
Mich. Comp. Laws § 125.4323 Development or tax increment financing plan; notice of findings and recommendations.
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Sec. 323. Within 20 days after the public hearing on a development or tax increment financing plan, the council, if established, shall notify the governing body, in writing, of its findings and recommendations concerning a proposed development plan.
Mich. Comp. Laws § 125.4324 Development area citizens council; dissolution.

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Sec. 324. A development area citizens council may not be required and, if formed, may be dissolved in any of the following situations: (a) On petition of not less than 20% of the adult resident population of the development area by the last federal decennial or municipal census, …

Mich. Comp. Laws § 125.4325 Budget; cost of handling and auditing funds.

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Sec. 325. (1) The director of the authority shall prepare and submit for the approval of the board a budget for the operation of the authority for the ensuing fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. Be…

Mich. Comp. Laws § 125.4326 Preservation of public facility, building, or structure having significant historical interest; review of proposed changes to exterior of historic site.

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Sec. 326. (1) A public facility, building, or structure which is determined by the municipality to have significant historical interests shall be preserved in a manner as considered necessary by the municipality in accordance with laws relative to the preservation of historical s…

Mich. Comp. Laws § 125.4327 Dissolution of authority; resolution; disposition of property and assets.

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Sec. 327. An authority which has completed the purposes for which it was organized shall be dissolved by resolution of the governing body. The property and assets of the authority remaining after the satisfaction of the obligations of the authority shall belong to the municipalit…

Mich. Comp. Laws § 125.4328 Authority district part of area annexed to or consolidated with another municipality; authority of annexing or consolidated municipality; effect of obligations, agreements, and bonds.

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Sec. 328. Notwithstanding the limitation provided by section 302(1) on having more than 1 authority, if an authority district is part of an area annexed to or consolidated with another municipality, the authority managing that authority district shall become an authority of the a…

Mich. Comp. Laws § 125.4329 New authority or authority district and boundaries of authority district; prohibitions; validity of tax increment finance authority, authority district, development area, development plan, or tax increment financing plan established before December 30, 1986; development area created or expanded after December 29, 1986.

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Sec. 329. (1) Beginning January 1, 1987, a new authority or authority district shall not be created and the boundaries of an authority district shall not be expanded to include additional land. (2) A tax increment finance authority, authority district, development area, developme…

Mich. Comp. Laws § 125.4401 Legislative findings; short title of part.

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Sec. 401. (1) The legislature finds all of the following: (a) That there exists in this state conditions of unemployment, underemployment, and joblessness detrimental to the state economy and the economic growth of the state economy. (b) That government programs are desirable and…

Mich. Comp. Laws § 125.4402 Definitions.

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Sec. 402. As used in this part: (a) "Advance" means a transfer of funds made by a municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority. Evidence of the intent to repay an advance includes, but is not limited to…

Mich. Comp. Laws § 125.4403 Authority; establishment by municipality; establishment by Next Michigan development corporation; limitation; powers.

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Sec. 403. (1) Except as otherwise provided by subsection (2), a municipality may establish not more than 1 authority under the provisions of this part. An authority established under this subsection shall exercise its powers in all authority districts. (2) In addition to an autho…

Mich. Comp. Laws § 125.4404 Resolution of intent to create and provide for operation of authority; notice of public hearing; hearing; resolution exempting taxes from capture; action of library board or commission; resolution establishing authority and designating boundaries; filing and publication; alteration or amendment of boundaries; validity of proceedings; establishment of authority by 2 or more municipalities; procedures to be followed by Next Michigan development corporation.

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Sec. 404. (1) The governing body of a municipality may declare by resolution adopted by a majority of its members elected and serving its intention to create and provide for the operation of an authority. (2) In the resolution of intent, the governing body proposing to create the…

Mich. Comp. Laws § 125.4405 Board; appointment, qualification, and terms of members; vacancy; reimbursement for expenses; chairperson; oath of office; rules; procedure; meetings; removal of member; publicizing expense items; financial records open to public; subsections (1) and (5) inapplicable to certain authority.

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Sec. 405. (1) The authority shall be under the supervision and control of a board of 7 members appointed by the chief executive officer of the city, village, or urban township creating the authority subject to the approval of the governing body creating the authority. The board s…

Mich. Comp. Laws § 125.4406 Director; employment; compensation; oath of office; bond; chief executive officer; duties; acting director; appointment or employment, compensation, and duties of treasurer; appointment or employment, compensation, and duties of secretary; legal counsel; employment of other personnel; municipal retirement and insurance programs.

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Sec. 406. (1) The board may employ and fix the compensation of a director, subject to the approval of the governing body creating the authority. The director shall serve at the pleasure of the board. A member of the board is not eligible to hold the position of director. Before e…

Mich. Comp. Laws § 125.4407 Powers of board generally.

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Sec. 407. The board may: (a) Study and analyze unemployment, underemployment, and joblessness and the impact of growth upon the authority district or districts. (b) Plan and propose the construction, renovation, repair, remodeling, rehabilitation, restoration, preservation, or re…

Mich. Comp. Laws § 125.4408 Authority as instrumentality of political subdivision.

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Sec. 408. The authority shall be considered an instrumentality of a political subdivision for purposes of 1972 PA 227, MCL 213.321 to 213.332.

Mich. Comp. Laws § 125.4409 Taking, transfer, and use of private property.

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Sec. 409. A municipality may take private property under the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75, for the purpose of transfer to the authority, and may transfer the property to the authority for use as authorized in the development plan, on terms…

Mich. Comp. Laws § 125.4410 Financing activities of authority.

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Sec. 410. The activities of the authority shall be financed from 1 or more of the following sources: (a) Contributions to the authority for the performance of its functions. (b) Revenues from any property, building, or facility owned, leased, licensed, or operated by the authorit…

Mich. Comp. Laws § 125.4411 Revenue bonds.

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Sec. 411. (1) The authority may borrow money and issue its negotiable revenue bonds pursuant to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.135. Except as provided in subsection (2), revenue bonds issued by the authority shall not be considered a debt of the muni…

Mich. Comp. Laws § 125.4411a Insufficient tax increment revenues for repayment of advance or payment of obligation; appropriation; filing claim; information required in claim; distributions; determination of amounts; limitations; distribution subject to lien; indebtedness, liability, or obligation; certification of distribution amount; basis for calculation of distributions and claims reports; use of 12-month debt payment period.

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Sec. 411a. (1) If the amount of tax increment revenues lost as a result of the reduction of taxes levied by local school districts for school operating purposes required by the millage limitations under section 1211 of the revised school code, 1976 PA 451, MCL 380.1211, reduced b…

Mich. Comp. Laws § 125.4411b Retention and payment of taxes levied under state education tax act; conditions; application by authority for approval; information to be included; approval, modification, or denial of application by department of treasury; appropriation and distribution of amount; calculation of aggregate amount; lien; reimbursement calculations; legislative intent.

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Sec. 411b. (1) If the amount of tax increment revenues lost as a result of the personal property tax exemptions provided by section 1211(1) and (4) of the revised school code, 1976 PA 451, MCL 380.1211, section 3 of the state education tax act, 1993 PA 331, MCL 211.903, section 1…

Mich. Comp. Laws § 125.4412 Tax increment financing plan.

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Sec. 412. (1) If the board determines that it is necessary for the achievement of the purposes of this part, the board shall prepare and submit a tax increment financing plan to the governing body. The plan shall be in compliance with section 413 and shall include a development p…

Mich. Comp. Laws § 125.4412a Designation as certified technology park; application to Michigan economic development corporation; agreement; determination of sale price or rental value for public facilities; inclusion of legal and equitable remedies and rights; marketing services; additional certified technology parks; priority to certain applications; duties of state.

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Sec. 412a. (1) A municipality that has created an authority may apply to the Michigan economic development corporation for designation of all or a portion of the authority district as a certified technology park and to enter into an agreement governing the terms and conditions of…

Mich. Comp. Laws § 125.4412b Creation of authority in which certified technology park designated; agreement with another authority; designation of distinct geographic area; consideration of advantages and benefits; capture of amounts levied by state and local and intermediate school districts; application for approval of distinct geographic area; competitive application process; requirements.

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Sec. 412b. (1) A municipality that has created an authority in which a certified technology park has been designated under this part may enter into an agreement with another authority that does not contain a certified technology park to designate a distinct geographic area within…

Mich. Comp. Laws § 125.4412c Designation as certified alternative energy park; application; criteria; agreement; determination of sale price or rental value for public facilities; inclusion of legal and equitable remedies and rights; limitations; pledge to support authority's tax increment bonds; ownership and operation by economic development corporation.

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Sec. 412c. (1) A municipality that has created an authority may apply to the Michigan economic development corporation for designation of all or a portion of the authority district as a certified alternative energy park and to enter into an agreement governing the terms and condi…

Mich. Comp. Laws § 125.4412d Conveyance or lease of public facilities at less than fair market value or below market rates.

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Sec. 412d. (1) If an authority determines that a sale price or rental value at below market rate will assist in increasing employment or private investment in a development area, the authority may determine a sale price or rental value for public facilities owned or developed by …

Mich. Comp. Laws § 125.4412e Notice of designation of Next Michigan development area; marketing of authority district by Michigan economic development corporation; pledge to support tax increment bonds.

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Sec. 412e. (1) A Next Michigan development corporation establishing an authority under section 403(3) shall notify the Michigan economic development corporation of the designation of a Next Michigan development area. (2) The Michigan economic development corporation shall market …

Mich. Comp. Laws § 125.4413 Tax increment revenues transmitted to authority; expenditure of tax increment revenues; retention or reversion of excess revenue; prohibition; abolition of tax increment financing plan.

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Sec. 413. (1) The city, village, township, school district, and county treasurers shall transmit to the authority tax increment revenues. (2) The authority shall expend the tax increment revenues received for the development program only in accordance with the tax increment finan…

Mich. Comp. Laws § 125.4414 Tax increment bonds; qualified refunding obligation.

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Sec. 414. (1) By resolution of its board and subject to the limitations set forth in this section, the authority may authorize, issue, and sell its tax increment bonds to finance a development program. The bonds are subject to the revised municipal finance act, 2001 PA 34, MCL 14…

Mich. Comp. Laws § 125.4415 Development plan generally.

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Sec. 415. (1) If a board decides to finance a project under this part, it shall prepare a development plan. (2) To the extent necessary to accomplish the proposed development program the development plan shall contain: (a) A description of the property to which the plan applies i…

Mich. Comp. Laws § 125.4416 Adoption of resolution approving development plan or tax increment financing plan; public hearing; notice; record.

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Sec. 416. (1) Before adoption of a resolution approving or amending a development plan or approving or amending a tax increment financing plan, the governing body shall hold a public hearing on the development plan. Notice of the time and place of the hearing shall be given by pu…

Mich. Comp. Laws § 125.4417 Development plan or tax increment financing plan as constituting public purpose; approval or rejection; considerations; amendments; procedure, notice, findings, and amendment as conclusive; contest.

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Sec. 417. (1) After a public hearing on the development plan or the tax increment financing plan, or both, with notice of the hearing given pursuant to section 416, the governing body shall determine whether the development plan or tax increment financing plan, or both, constitut…

Mich. Comp. Laws § 125.4418 Relocation of person; notice to vacate.

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Sec. 418. A person to be relocated under this part shall be given not less than 90 days' written notice to vacate unless modified by court order for good cause.

Mich. Comp. Laws § 125.4419 Preparation and submission of budget; manner; approval; cost of handling and auditing funds.

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Sec. 419. (1) The director of the authority shall prepare and submit for the approval of the board a budget for the operation of the authority for the ensuing fiscal year. The budget shall be prepared in the manner and contain the information required of municipal departments. Be…

Mich. Comp. Laws § 125.4420 Dissolution of authority; resolution; disposition of property and assets.

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Sec. 420. An authority that completes the purposes for which it was organized shall be dissolved by resolution of the governing body. The property and assets of the authority remaining after the satisfaction of the obligations of the authority shall belong to the municipality or …

Mich. Comp. Laws § 125.4503 Legislative intent.

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Sec. 503. The legislature finds and declares that there exists in this state a need to encourage the development of transportation facilities and the provision of public transportation services by authorizing the acquiring, owning, constructing, furnishing, equipping, completing,…

Mich. Comp. Laws § 125.4505 Construction of act.

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Sec. 505. (1) This part shall be construed liberally to effectuate the legislative intent and the purpose of this part as complete and independent authorization for the performance of each and every act and thing authorized in this part and all powers granted in this part shall b…

Mich. Comp. Laws § 125.4507 Definitions.

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Sec. 507. As used in this part: (a) "Department" means the state transportation department. (b) "Nonprofit corporation" means that term as defined under section 108 of the nonprofit corporation act, 1982 PA 162, MCL 450.2108. (c) "Public street or highway" means any state trunk l…

Mich. Comp. Laws § 125.4509 Street railway; organization; articles of incorporation; filing; applicability of the nonprofit corporation act.

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Sec. 509. (1) After January 12, 2009, 1 or more persons may organize a street railway under this part for the purpose of acquiring, owning, constructing, furnishing, equipping, completing, operating, improving, and maintaining a street railway system by signing in ink and filing …

Mich. Comp. Laws § 125.4511 Nonprofit corporation as street railway; amendment of articles of incorporation required; provisions; adoption; filing; applicability of the nonprofit corporation act.

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Sec. 511. (1) A nonprofit corporation may become a street railway under this part and acquire, own, construct, furnish, equip, complete, operate, improve, and maintain a street railway system in a city if on and after January 12, 2009 the articles of incorporation for the nonprof…

Mich. Comp. Laws § 125.4513 Acquiring, constructing, operating, and maintaining street railway system on highways of road authority; approval; terms and conditions; operating license agreement; public hearing; decision as final and binding; costs; condition; easements; revoking consent or depriving rights and privileges; powers of street railway; "public transportation provider" defined.

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Sec. 513. (1) A street railway may acquire, own, construct, furnish, equip, complete, operate, improve, and maintain a street railway system in and upon the streets and highways of a road authority with the approval of the road authority, on terms and conditions imposed by the ro…

Mich. Comp. Laws § 125.4515 Use or consumption of electricity and electric power by street railway and street railway system; relocation and modification of public utility facilities; sound utility practice; costs; agreement; exemption from taxation; enforcement action; definitions.

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Sec. 515. (1) Subject to applicable law and applicable regulations of this state, a city, a township, or a village, a street railway may generate, store, transmit, distribute, dispense, furnish, or use electricity and electric power for use or consumption by the street railway an…

Mich. Comp. Laws § 125.4517 Street or highway grades; conformance by company; alteration or change; consent required; manner of laying and maintaining track.

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Sec. 517. (1) In constructing a street railway system, a street railway shall conform to grades established by a road authority for a public street or highway traversed by the street railway. (2) A street railway shall not alter or change the grade or line of any public street or…

Mich. Comp. Laws § 125.4519 Rules and regulations; establishment by road authority.

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Sec. 519. A road authority may establish and prescribe rules and regulations applicable to a street railway operating in or upon a public street or highway under the jurisdiction of a road authority relating to 1 or more of the following subjects: (a) Grading, paving, obstruction…

Mich. Comp. Laws § 125.4521 Refusal of person to pay fare or obey regulations; removal of person; placement of impediment upon track as felony; throwing stone, brick, or other missile as misdemeanor.

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Sec. 521. (1) If a person refuses to pay a fare owed to a street railway or refuses to obey regulations established by the street railway for the convenience and safety of passengers, the street railway may remove the person from the streetcar, tram, or trolley at a usual stoppin…

Mich. Comp. Laws § 125.4523 Transit operations finance zone.

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Sec. 523. (1) At the request of a street railway, and with the consent of the department, a city, village, or township in which a street railway system is located may establish a transit operations finance zone for a street railway system if the city, village, or township and the…

Mich. Comp. Laws § 125.4527 Transfer of records to bureau of commercial services; organization of entity; street railway not subject to railroad code of 1993.

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Sec. 527. (1) Within 30 days of January 12, 2009, the secretary of state or any other agency having records of a street railway formed under this part prior to January 12, 2009 shall certify and transfer the records to the bureau of commercial services of the department of talent…

Mich. Comp. Laws § 125.4602 Definitions; A to M.

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Sec. 602. As used in this part: (a) "Advance" means a transfer of funds made by a municipality to an authority or to another person on behalf of the authority in anticipation of repayment by the authority. Evidence of the intent to repay an advance may include, but is not limited…

Mich. Comp. Laws § 125.4603 Definitions.

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Sec. 603. As used in this part: (a) "Operations" means office maintenance, including salaries and expenses of employees, office supplies, consultation fees, design costs, and other expenses incurred in the daily management of the authority and planning of its activities. (b) "Par…