The bill amends the Revised Judicature Act of 1961, specifically section 5821, to clarify the legal framework surrounding actions for the recovery of land in which the state is a party. It establishes that such actions are not subject to periods of limitations or laches. However, individuals who could have claimed title through adverse possession for over 15 years may seek other equitable relief in determining land title. Additionally, it specifies that municipal corporations, political subdivisions, or county road commissions involved in land recovery actions are also exempt from limitations, laches, and claims related to adverse possession, acquiescence, common law abandonment, or prescriptive easements.

Furthermore, the bill introduces a presumption regarding land claimed by a highway authority as a public highway. If the highway authority has designated the land as a public highway in its official records for at least 10 consecutive years, it is presumed to have been properly dedicated and accepted as a public highway, measuring not less than 4 rods in width. The burden of proof to challenge this presumption falls on the party disputing the existence or location of the public highway, regardless of their role as plaintiff or defendant in the action.

Statutes affected:
House Introduced Bill: 600.5821