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HOUSE BILL NO. 6046
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5821 (MCL 600.5821), as amended by 2016 PA 52.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5821. (1) An action for the recovery of any land to which 1
this state is a party is not subject to the periods of limitations, 2
or laches. However, a person who could have asserted claim to title 3
by adverse possession for more than 15 years is entitled to seek 4
any other equitable relief in an action to determine title to the 5
land. 6
(2) In an action involving the recovery or the possession of 7
June 04, 2026, Introduced by Reps. Fairbairn, Schuette and Farhat and referred to Committee on
Transportation and Infrastructure.
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JJR H06816'26_HB6046_INTR_1 tje4xa
land, including, but not limited to, an action to quiet title, and 1
that includes a public highway, street, alley, easement, or other 2
public ground, a municipal corporation, political subdivision of 3
this state, or county road commission is not subject to any of the 4
following, regardless of whether that municipal corporation, 5
political subdivision of this state, or county road commission is a 6
plaintiff or defendant in the action, and regardless of the legal 7
theory asserted: 8
(a) The periods of limitations under this act. 9
(b) Laches. 10
(c) A claim for adverse possession, acquiescence for the 11
statutory period, common law abandonment, or a prescriptive 12
easement. 13
(3) The periods of limitations prescribed for personal actions 14
apply equally to personal actions brought in the name of the people 15
of this state, in the name of any officer of this state, or 16
otherwise for the benefit of this state, subject to the exceptions 17
contained in subsection (4). 18
(4) Actions brought in the name of this state, the people of 19
this state, or any political subdivision of this state, or in the 20
name of any officer or otherwise for the benefit of this state or a 21
political subdivision of this state for the recovery of the cost of 22
maintenance, care, and treatment of persons in hospitals, homes, 23
schools, and other state institutions are not subject to the 24
statute of limitations and may be brought at any time without 25
limitation, notwithstanding any contrary provisions of a statute. 26
(5) In any action involving the recovery or the possession of 27
land claimed by a highway authority to be a public highway, 28
including, but not limited to, an action to quiet title over that 29
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land, there is a presumption that the land was properly dedicated 1
and accepted as a public highway not less than 4 rods in width if 2
the highway authority has designated the land as a public highway 3
in the highway authority's official records for any period of not 4
less than 10 consecutive years. The burden of overcoming the 5
presumption is on the party challenging the existence or location 6
of the public highway, regardless of whether that party is a 7
plaintiff or defendant in the action, and regardless of the legal 8
theory asserted. 9