July 16, 2019

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Possible Law Requiring Nonprofit Land Conservancies to Pay Property Taxes is a Bad idea

On August 23, 2012 MLive reported that Michigan State Senator Tom Casperson, R-Escanaba, is drafting legislation that would require Michigan's nonprofit land conservancies to pay property taxes unless they agree to open the land under their stewardship to unlimited public access and motorized vehicles.   Perhaps there is a misunderstanding of what the "conserve" part of "conservancies" means.  Land conservancies act as stewards of some of Michigan's most pristine and unspoiled natural areas, protecting them against the threat of future development, and preserving those areas for future generations.

Conservancies typically permit public access that is appropriate for the specific land, consistent with the primary goal of preservation.  Allowing unlimited public access and the indiscriminate use of motorized vehicles threatens those values.  There are many places in Michigan available for public access, including the use of ATV's, snowmobiles and other motorized vehicles.  There is simply no need for making natural areas under the protection of a land conservancy available for those uses.  Land conservancies rely heavily upon donated money and time to carry out their missions.  Such volunteerism is likely to be curtailed if conservancies effectively lose the ability to preserve the areas under their care.

The suggested legislation is also short-sighted from an economic standpoint.  While extra property tax dollars may provide a small bump in revenue, it is no secret that Michigan's abundant natural areas are good for our economy.  In addition to promoting tourism, Michigan is a better place to live and play because some of our most significant natural areas have been preserved for future generations.

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About this Author

Eric Guerin, Litigation lawyer, Varnum

Real Estate and Riparian Rights

Much of Eric's practice concerns challenges faced by other riparian owners, including boundary disputes, quiet title actions, deed restrictions, adverse possession, land use and zoning matters, environmental issues, riparian rights, easements, road ends and access issues.  Though not unique to riparians, waterfront property owners encounter these issues more than most.  Eric's real estate practice also includes landlord/tenant law, construction lien and other construction law matters.

Family and...