2023 House Bill 5029

Property: use restrictions or covenants; covenants recorded by the state housing development authority; exempt from the marketable record act.

A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending section 4 (MCL 565.104), as amended by 2022 PA 235.

House Fiscal Agency Analysis

House Bills 5029 and 5033 would amend the marketable record title act and the State Housing Development Authority Act, respectively, to exempt land use restrictions imposed by the Michigan State Housing Development Authority (MSHDA) from the marketable record title act and to clarify MSHDA’s authority under federal law. The bills are tie-barred together, meaning that neither would go into effect unless both were enacted.