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SENATE BILL NO. 960
A bill to authorize the governing body of a local government
to remove certain private restrictions or covenants on commercial
property; to provide for the powers and duties of certain state and
local governmental officers and entities; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act may be cited as the "dark store prevention 1
act". 2
Sec. 2. As used in this act: 3
(a) "Commercial property" means commercial real property used 4
for commercial purposes, including wholesale, retail, or service. 5
May 13, 2026, Introduced by Senators KLINEFELT, MCBROOM, BAYER, SHINK, GEISS and
POLEHANKI and referred to Committee on Local Government.
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Commercial property does not include properties in an area zoned 1
for industrial use. 2
(b) "Local government" means a city, village, or township. 3
(c) "Private restriction or covenant" means a requirement, 4
provision, or statement in a deed, lease, or contract that 5
restrains or limits the use of a property or requires a use of a 6
property. 7
Sec. 3. (1) The governing body of a local government may file 8
a complaint to bring an action to remove a private restriction or 9
covenant from a commercial property within that local government's 10
jurisdiction if all of the following conditions apply: 11
(a) The commercial property is in an area zoned for retail 12
use. 13
(b) A building or structure on the commercial property has 14
been vacant for at least 2 years. 15
(c) The governing body of the local government holds at least 16
1 public hearing regarding the proposed removal of the private 17
restriction or covenant from the commercial property. 18
(d) The commercial property is blighted property. As used in 19
this subdivision, "blighted property" means that term as defined in 20
section 2 of 1945 PA 344, MCL 125.72. 21
(2) To remove a private restriction or covenant from a 22
commercial property that meets all of the conditions described in 23
subsection (1), the governing body of the local government must 24
file a complaint to bring an action in the circuit court of the 25
county in which the commercial property is located. An action under 26
this section must be brought as an in rem, declaratory judgment 27
action and the title of the action must be the description of the 28
commercial property. The governing body of the local government and 29
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the commercial property owner are necessary parties to the action. 1
(3) In an action brought under this section, the governing 2
body of a county may intervene as a plaintiff if the commercial 3
property is located within the jurisdiction of the county. 4
(4) In an action brought under this section, if the court 5
finds that any provision of the deed or instrument of the 6
commercial property contains a private restriction or covenant and 7
the commercial property meets all of the conditions described in 8
subsection (1), the court shall enter an order striking the private 9
restriction or covenant from the records of the register of deeds 10
and eliminating the private restriction or covenant from the deed 11
or other instrument for the commercial property described in the 12
complaint. 13
Sec. 4. A register of deeds is entitled to the fees under 14
section 2567 of the revised judicature act of 1961, 1961 PA 236, 15
MCL 600.2567, for recording a document, deed, or other instrument 16
prepared and recorded under this act. 17