Michigan Laws 399.157 – Official Michigan historical marker; property; control; ownership; transfer prohibited; stolen or damaged marker; recovery; proper maintenance
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Terms Used In Michigan Laws 399.157
- Commission: means the Michigan historical commission created in section 3 of the Michigan historical commission act, 2016 PA 469, MCL 399. See Michigan Laws 399.152
- Department: means the department of natural resources. See Michigan Laws 399.152
- Fund: means the Michigan history center operations fund created in section 8 of the Michigan history center act, 2016 PA 470, MCL 399. See Michigan Laws 399.152
- Historic resource: means a publicly or privately owned building, structure, site, object, or open space of historic significance to this state, including places associated with a significant individual, group, or event in this state. See Michigan Laws 399.152
- official Michigan historical marker: means Michigan historical marker signage as approved by the commission under this act. See Michigan Laws 399.152
- Person: means an individual, partnership, corporation, association, or other private legal entity. See Michigan Laws 399.152
- 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
(1) An official Michigan historical marker approved by the department and the commission is the property of the state of Michigan and is subject to the exclusive control of the department, whether erected on public or private property. In addition to other text on the marker, each marker shall include the conspicuous statement “property of the state of Michigan”.
(2) The department shall not abandon an official Michigan historical marker. In all legal proceedings, in this state or elsewhere, there is an irrebuttable presumption against abandonment of the state of Michigan’s ownership of an official Michigan historical marker.
(3) Except pursuant to written permission of the department, a person or agency in possession of a historic resource where an official Michigan historical marker is displayed shall not attempt to convey, sell, or otherwise transfer the marker, and a conveyance, sale, or transfer of the marker is void.
(4) Upon discovering that an official Michigan historical marker may have been stolen or otherwise improperly or unlawfully removed from the historic resource or site where it was placed, the department, with advice and assistance from the attorney general, may commence an action, in this state or elsewhere, to recover the marker.
(5) Upon discovering that an official Michigan historical marker has been marred, vandalized, or otherwise damaged, the department, with advice and assistance from the attorney general, may commence an action, in this state or elsewhere, to recover the actual replacement cost of the marker, plus taxable costs, reasonable attorney fees, and interest calculated under section 6013 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6013. Money received under this subsection shall be forwarded to the state treasurer for deposit into the fund.
(6) A person or agency in possession of a resource or site where a marker is displayed shall maintain the marker in accordance with standards prescribed by the department upon consultation with the commission. Failure to properly maintain a marker may result in its removal by the department.