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2019 Op. Mich. Att'y Gen. 1 (2019)

handle is hein.sag/sagmi0145 and id is 1 raw text is: 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 - http://www.ag.state.mi.us) STATE OF MICHIGAN DANA NESSEL, ATTORNEY GENERAL CONSTITUTIONAL LAW: Constitutionality of 2018 PA 359. CONST 1963, ART 4, § 24: Sections 14d(1), (4) and (5) of 2018 PA 359 violate article 4, § 24 of the Michigan Constitution because the substance of these provisions exceeds the scope of what is generally reflected in the title of 1952 PA 214, as amended by Act 359. Sections 14d(1), (4), and (5) of 2018 PA 359, which are unconstitutional under article 4, § 24 of the Constitution, cannot be severed from the remainder of Act 359 because doing so would be inconsistent with the intent of the Legislature. Any court determination that 2018 PA 359 is unconstitutional would likely apply that decision retroactively, and conclude that the Mackinac Straits Corridor Authority, its Board, and any action taken by the Board are void from their inception. Opinion No. 7309 March 28, 2019 The Honorable Gretchen Whitmer Governor The Capitol Lansing, MI 48909 You have asked several questions regarding the constitutionality of 2018 PA 359 (Act 359), which amended the Mackinac Bridge Authority Law, 1952 PA 214, MCL 254.311 et seq.JlJ Principally, the amendments authorized the Mackinac Bridge Authority (Bridge Authority) to acquire a utility tunneliL1 connecting the Upper and Lower Peninsulas of Michigan, created the Mackinac Straits Corridor Authority (Corridor Authority), and authorized the Bridge Authority or the Corridor Authority to operate a utility tunnel. 2018 PA 359. History of 2018 PA 359 Act 359 was introduced as Senate Bill 1197 on November 8, 2018.L3j As introduced, the Act amended 1952 PA 214 to allow the Bridge Authority to acquire, construct, operate, maintain, improve, repair, and manage a utility tunnel; to purchase or otherwise acquire at a fair and reasonable price property and property rights in connection with the construction of the tunnel; to enter on any land, water, or premises to make a survey, sounding, or examination in connection with the tunnel; to perform any acts necessary to secure consent from any state entity necessary for the construction and operation of the tunnel; to specify that the Authority's purposes were a public purpose and its performance was an essential

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