Presumption of Acceptance of Land Dedicated to Use of Public; Rebuttal.

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Sec. 255b.

(1) Ten years after the date the plat is first recorded, land dedicated to the use of the public in or upon the plat shall be presumed to have been accepted on behalf of the public by the municipality within whose boundaries the land lies.

(2) The presumption prescribed in subsection (1) shall be conclusive of an acceptance of dedication unless rebutted by competent evidence before the circuit court in which the land is located, establishing either of the following:

(a) That the dedication, before the effective date of this act and before acceptance, was withdrawn by the plat proprietor.

(b) That notice of the withdrawal of the dedication is recorded by the plat proprietor with the office of the register of deeds for the county in which the land is located and a copy of the notice was forwarded to the director of the department of energy, labor, and economic growth, within 10 years after the date the plat of the land was first recorded and before acceptance of the dedicated lands.

History: Add. 1978, Act 556, Imd. Eff. Dec. 22, 1978 ;-- Am. 2010, Act 63, Imd. Eff. May 6, 2010
Popular Name: Plat Act
Popular Name: Subdivision Control


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