The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6916

September 18, 1996

LEGISLATURE:

Conveyance of state property under statutes passed by the Legislature

The Director of the Department of Community Health may not lawfully require York Township to convey other property to the state in exchange for state land under 1996 PA 294.

Honorable Jim Berryman

State Senator

The Capitol

Lansing, Michigan

You have asked if the Director of the Department of Community Health may lawfully require York Township to convey other property to the state in exchange for state land under 1996 PA 294.

In section 1 of 1996 PA 294 the Legislature has provided, with respect to the conveyance of state land in York Township, as follows:

The state administrative board, on behalf of the state, may convey to York township, for $1.00, certain property now under the jurisdiction of the department of mental health and located in York township, Washtenaw county ....

The Legislature has authorized the State Administrative Board, on behalf of the state, to convey to York Township for $1.00 certain state property located in the township for use as a parking area for an existing public park that is adjacent to the land. The state land is now under the jurisdiction of the Department of Community Health since that is the new name for the Department of Mental Health under Executive Order No. 1996-1.

In section 1 of 1996 PA 294 the Legislature has provided that the State Administrative Board "may" convey certain state land to York Township. The law is settled that, as a general rule, the work "may" is discretionary rather than mandatory. Macomb County Road Comm v Fisher, 170 Mich App 697, 700; 428 NW2d 744 (1988). In exercising its discretion whether to convey the land, the State Administrative Board may consult with the Departments of Management & Budget and Community Health and, if it chooses, may lawfully decline to convey the property upon the terms and conditions prescribed by the Legislature in 1996 PA 294.

According to your letter, the Director of the Department of Community Health does not wish the state land to be conveyed to the township unless the township conveys another parcel of township land to the state in exchange for the state land. You have asked whether the Director of the Department of Community Health may lawfully condition the conveyance of the state property upon a conveyance by the township to the state of certain township property when 1996 PA 294 prescribes payment by the township of only nominal consideration.

The sole authority to convey state property rests exclusively in the Legislature. 1 OAG, 1955, No 2327, p 659, at 660 (November 18, 1955); OAG, 1939-1940, p 28, at 29 (February 1, 1939); OAG, 1926-1928, p 604 (January 25, 1928). Subject to constitutional restrictions, the state, like an individual owner of property, may, through its Legislature, convey its property in any way it sees fit. OAG, 1939-1940, p 28, at 29, supra (quoting from 59 Corpus Juris 164, 167).

The Legislature has authorized the State Administrative Board to convey state land to York Township upon payment of only a nominal consideration. Thus, the Director of the Department of Community Health may not lawfully require the township to convey other property to the state in exchange for the state land, thereby fundamentally altering the consideration prescribed by the Legislature in 1996 PA 294.

It is my opinion, therefore, that the Director of the Department of Community Health may not lawfully require York Township to convey other property to the state in exchange for state land under 1996 PA 294.

Frank J. Kelley

Attorney General