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Act No. 71
Public Acts of 2025
Approved by the Governor
December 23, 2025
Filed with the Secretary of State
December 23, 2025
EFFECTIVE DATE: December 23, 2025
STATE OF MICHIGAN
103RD LEGISLATURE
REGULAR SESSION OF 2025
Introduced by Senators Cherry, Singh, Daley, Lauwers and Shink
ENROLLED SENATE BILL No. 688
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state;
to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to
regulate the discharge of certain substances into the environment; to regulate the use of c ertain lands, waters,
and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and
duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and
donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and
parts of acts,” by amending section 36103 (MCL 324.36103), as amended by 2003 PA 36.
The People of the State of Michigan enact:
Sec. 36103. (1) The execution and acceptance of a development rights agreement or easement by this state or
the local governing body and the owner dedicates to the public the development rights in the land for the term
specified in the instrument. A development rights agreement or easement shall be for an initial term of not less
than 10 years. A development rights agreement or easement entered into after June 5, 1996 shall not be for a
term of more than 90 years.
(2) This state or the local governing body shall not sell, transfer, convey, relinquish, vacate, or otherwise
dispose of a development rights agreement or easement except with the agreement of the owner as provided in
sections 36111, 36111a, 36112, and 36113.
(3) An agreement or easement does not supersede any prior lien, lease, or interest that is properly recorded
with the county register of deeds.
(4) A lien created under this part in favor of this state or a local governing body is subordinate to a lien of a
mortgage that is recorded in the office of the register of deeds before the recording of the lien of this state or a
local governing body.
(5) This state shall subordinate its interest in a recorded agreement under section 36104 or an easement under
section 36105 or 36106 to a subsequently recorded mortgage lien, lease, or interest if both of the following
conditions are met:
(a) The parcel meets the requirements set forth under section 36111(2)(a) for parcels containing existing
structures.
(b) The landowner requesting the subordination is an individual essential to the operation of the farm as that
term is defined in section 36110(6).
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the
103rd Legislature are enacted into law:
(a) Senate Bill No. 690.
(b) Senate Bill No. 686.
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(c) Senate Bill No. 689.
(d) Senate Bill No. 687.
(e) Senate Bill No. 685.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor