Sec. 2123.
The department may grant an easement over state owned land under the jurisdiction of the department to an individual only if all of the following conditions are met:
(a) The individual does not have other access to the individual's land.
(b) The easement does not conflict with an existing program or management plan of the department or a local ordinance.
(c) The roadway for which the easement is granted is open to public access and is not a roadway for the exclusive use of the grantee.
(d) The easement provides the logical and most feasible access to the individual's land.
(e) The width of the roadway is restricted to the minimum consistent with the quality of the road required.
(f) The individual agrees to construct, if necessary, and maintain the road.
(g) The individual offers a similar roadway easement to the department across the land to which the easement is to provide access.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name: Act 451
Popular Name: NREPA