House Judiciary Committee adopts substitute for bill to limit 40-year easement expirations

The Michigan House Judiciary Committee on Feb. 20 adopted a substitute for House Bill 4524 and voted to report the bill to the floor with a committee recommendation.

Representative Wozniak, sponsor of the substitute, told the committee the H-1 amendment “clarifies that there’s certain amenities that are excluded from the change, particularly under drain codes or governmental or quasi government bodies like drainage districts and energy utility facilities.” She said the change addresses situations in which an easement or other recorded interest older than 40 years surprised developers and land purchasers.

The committee roll call on the substitute showed 10 yeas and 0 nays; the clerk later reported the committee had 10 ayes and 0 nays when it certified the bill as reported. Committee members David Pearson of the Real Property Law Section, Sean Cecil of Michigan Realtors, and Dawn Crandall of the Home Builders Association were listed on committee cards as supporting the bill but did not speak at the hearing.

The substitute and the committee’s action would alter how recorded easements or other recorded interests are treated when they exceed 40 years; according to the sponsor’s explanation, the amendment leaves in place explicit exclusions for governmental or quasi‑governmental interests such as drainage districts and energy utility facilities. The committee did not vote on final passage to the full House; the action reported the bill to the floor with the committee’s recommendation.

Members of the public and interest groups were included on committee cards supporting the bill; no testimonies opposing the measure were read into the record during the section of the hearing that dealt with HB 4524. The committee moved immediately to other agenda items after reporting the bill.