Michigan Laws > Chapter 24 > Act 101 of 1996 – Property Rights Preservation Act
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Terms Used In Michigan Laws > Chapter 24 > Act 101 of 1996 - Property Rights Preservation Act
- Agricultural biomass: means residue and waste generated on a farm or by farm co-operative members from the production and processing of agricultural products, animal wastes, food processing wastes, or other materials as approved by the director. See Michigan Laws 324.14501
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bottomland: means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water. See Michigan Laws 324.30101
- Bulkhead line: means a line that is established pursuant to this part beyond which dredging, filling, or construction of any kind is not allowed without a permit. See Michigan Laws 324.30101
- Commission: means the commission of natural resources. See Michigan Laws 324.301
- Commission: means the civil rights commission established by section 29 of article V of the state constitution of 1963. See Michigan Laws 37.2103
- Commission: means the Michigan state capitol commission established in section 5. See Michigan Laws 4.1942
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conformance bond: means a surety bond that has been executed by a surety company authorized to do business in this state, cash, a certificate of deposit, a letter of credit, or other security filed by a person and accepted by the department to ensure compliance with this part or rules promulgated under this part. See Michigan Laws 324.63401
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dam: means an artificial barrier, including dikes, embankments, and appurtenant works, that impounds, diverts, or is designed to impound or divert water. See Michigan Laws 324.30101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Department: means the department of environmental quality. See Michigan Laws 324.63401
- Department: means the department of environmental quality. See Michigan Laws 324.14301
- Department: means the department of environmental quality. See Michigan Laws 324.14501
- Department: means the department of civil rights or its employees. See Michigan Laws 37.2103
- Department: means the department of environmental quality. See Michigan Laws 324.30101
- Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
- Departments: means the departments of natural resources, environmental quality, and transportation. See Michigan Laws 24.422
- Director: means the director of the department of natural resources. See Michigan Laws 324.301
- Director: means the director of the department of environmental quality. See Michigan Laws 324.14501
- Election: means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them. See Michigan Laws 168.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Expand: means to occupy a larger area of an inland lake or stream than authorized by a permit issued under this part for marina mooring structures and watercraft moored at the marina. See Michigan Laws 324.30101
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Fund: means the Michigan state capitol historic site fund created in section 7. See Michigan Laws 4.1942
- Fund: means the land and water management permit fee fund created in section 30113. See Michigan Laws 324.30101
- Fund: means the small native copper mine surveillance fund created in section 63415. See Michigan Laws 324.63401
- Government action: means any of the following:
(i) A decision on an application for a permit or license. See Michigan Laws 24.422Height of the dam: means the difference in elevation measured vertically between the natural bed of an inland lake or stream at the downstream toe of the dam, or, if it is not across a stream channel or watercourse, from the lowest elevation of the downstream toe of the dam, to the design flood elevation or to the lowest point of the top of the dam, whichever is less. See Michigan Laws 324.30101 Impoundment: means water held back by a dam, dike, floodgate, or other barrier. See Michigan Laws 324.30101 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inland lake or stream: means either of the following:
(i) An artificial or natural lake, pond, or impoundment that is a water of the United States as that term is used in section 502(7) of the federal water pollution control act, 33 USC 1362. See Michigan Laws 324.30101Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lien: A claim against real or personal property in satisfaction of a debt. local unit: means a municipality or county. See Michigan Laws 324.301 Marina: means a facility that is owned or operated by a person, extends into or over an inland lake or stream, and offers service to the public or members of the marina for docking, loading, or other servicing of recreational watercraft. See Michigan Laws 324.30101 mining: means an operation to excavate or remove earth material that generates not less than 10,000 tons and not more than 75,000 tons of waste rock in a calendar year or disturbs not less than 1 acre and not more than 10 acres of land in a calendar year in the regular operation of a business for the primary purpose of extracting native copper by 1 or both of the following:
(i) Removing the overburden lying above natural deposits of native copper and excavating directly from the natural deposits thus exposed or by excavating directly from deposits lying exposed in their natural state. See Michigan Laws 324.63401Mining area: means all of the following:
(i) Land from which material is removed by surface or open pit mining methods. See Michigan Laws 324.63401month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Mooring structures: means structures used to moor watercraft, including, but not limited to, docks, piers, pilings, mooring anchors, lines and buoys, and boat hoists. See Michigan Laws 324.30101 Native copper: means copper in its elemental form. See Michigan Laws 324.63401 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operator: means a person that is engaged in or preparing to engage in mining activities, whether individually or jointly, or through agents, employees, or contractors, and that has overall responsibility for the mining activities. See Michigan Laws 324.63401 Ordinary high-water mark: means the line between upland and bottomland that persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. See Michigan Laws 324.30101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 4.1942 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Person: means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state or a political subdivision of this state or an agency of this state, or any other legal or commercial entity. See Michigan Laws 37.2103 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Political subdivision: means a county, city, village, township, school district, or special district or authority of this state. See Michigan Laws 37.2103 Pollution prevention: means all of the following:
(i) "Source reduction" as defined in the pollution prevention act of 1990, subtitle G of title VI of the omnibus budget reconciliation act of 1990, Public Law 101-508, 42 U. See Michigan Laws 324.14301Pollution prevention: means all of the following:
(i) "Source reduction" as defined in 42 USC 13102. See Michigan Laws 324.14501Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Qualified agricultural energy production system: means the structures, equipment, and apparatus to be used to produce a gaseous fuel from the noncombustive decomposition of agricultural biomass and the apparatus and equipment used to generate electricity or heat from the gaseous fuel or store the gaseous fuel for future generation of electricity or heat. See Michigan Laws 324.14501 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reconfigure: means to, without expanding the marina, do either of the following:
(i) Change the location of the dock or docks and other mooring structures at the marina to occupy an area of the inland lake or stream that was not previously authorized by a permit issued under this part. See Michigan Laws 324.30101Remand: When an appellate court sends a case back to a lower court for further proceedings. Riparian interest area: means that portion of an inland lake or stream over which a riparian owner has an ownership interest. See Michigan Laws 324.30101 Riparian owner: means a person who has riparian rights. See Michigan Laws 324.30101 Riparian rights: means those rights which are associated with the ownership of the bank or shore of an inland lake or stream. See Michigan Laws 324.30101 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301 Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. See Michigan Laws 24.422 Seawall: means a vertically sloped wall constructed to break the force of waves and retain soil for the purpose of shore protection. See Michigan Laws 324.30101 shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c Small business: means a business that is not dominant in its field as described in 13 C. See Michigan Laws 324.14501 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Statute: A law passed by a legislature. Structure: includes a wharf, dock, pier, seawall, dam, weir, stream deflector, breakwater, groin, jetty, sewer, pipeline, cable, and bridge. See Michigan Laws 324.30101 taking: means the taking of private property by government action such that compensation to the owner of that property is required by either of the following:
(i) Amendment V or XIV of the constitution of the United States. See Michigan Laws 24.422Testimony: Evidence presented orally by witnesses during trials or before grand juries. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Venue: The geographical location in which a case is tried. village: as used in this act , shall mean an incorporated village. See Michigan Laws 168.9