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    rooster cogburn's Avatar
    rooster cogburn Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 26, 2009, 05:30 AM
    Seek advise Mi DNR not enforcing special use statute
    The state of Michigan, specifically the Mi. Department of Natural Resources does not enforce the State Land Use statute requiring a "Special Use Permit" for commercial use of lands owned by or under control of the Mi. DNR. As a result, there is no income reporting process for the hunting guide industry. In fact, they do not have a record identifying who operates these business'. The large commercial bear baiting business' are known to be using public land to set-up bait sites numbering over 100. They employ others to help maintain their operation... and the average fee per clent per week is now at $1,00 to $1,200. Public recreational land in Michigan is being used as if it were a tax free renassiance zone. Early on I contacted our State Attorney General over this concern. He informed me the State Land Use Statute is the process which would idnetify these commercial operations and provide tax oversight. Later I contacted the Mi DNR seeking enforcement of the statute. The DNR cited a provision allowing them to waive the special Use Permit process if the acitivity did not require oversight and had minimal impact on other users. Obviously this form of commercializing does require oversight for tax purposes. As for impact on other users... there was a double homicide in 1995. A commercial bear baiter and his client tried to claim exclusive use of a site on public land.
    The situation escalated. Both were shot and killed.

    I have met with our State Representative seeking legislation to address this issue. Last year he called me to say he is working on it and asked me to come to the state capital to testify. Although, it now seems like a dead issue... and he is not responding to my recent contact (made 3 weeks ago).

    I am just asking for suggestions on how to get the Special Use Permit requirement enforced. Are there probono attorney's interested in pursuing this type of issue?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jan 26, 2009, 07:32 AM
    Quote Originally Posted by rooster cogburn View Post
    The state of Michigan, specifically the Mi. Department of Natural Resources does not enforce the State Land Use statute requiring a "Special Use Permit" for commercial use of lands owned by or under control of the Mi. DNR. As a result, there is no income reporting process for the hunting guide industry. In fact, they do not have a record identifying who operates these business'. The large commercial bear baiting business' are known to be using public land to set-up bait sites numbering over 100. They employ others to help maintain their operation...and the average fee per clent per week is now at $1,00 to $1,200. Public recreational land in Michigan is being used as if it were a tax free renassiance zone. Early on I contacted our State Attorney General over this concern. He informed me the State Land Use Statute is the process which would idnetify these commercial operations and provide tax oversight. Later I contacted the Mi DNR seeking enforcement of the statute. The DNR cited a provision allowing them to waive the special Use Permit process if the acitivity did not require oversight and had minimal impact on other users. Obviously this form of commercializing does require oversight for tax purposes. As for impact on other users...there was a double homicide in 1995. A commercial bear baiter and his client tried to claim exclusive use of a site on public land.
    The situation escalated. Both were shot and killed.

    I have met with our State Representative seeking legislation to address this issue. Last year he called me to say he is working on it and asked me to come to the state capital to testify. Although, it now seems like a dead issue...and he is not responding to my recent contact (made 3 weeks ago).

    I am just asking for suggestions on how to get the Special Use Permit requirement enforced. Are there probono attorney's interested in pursuing this type of issue?


    The only way to find a pro bono Attorney is to call around and ask or call the Bar Association and ask them. No one here will recommend anyone - it's not allowed.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 26, 2009, 08:08 AM

    Your best option, is to get others, such as outdoor groups, environmental groups, hunting and gun rights groups and see if you can get a large lobby group.

    This will take big money, since just filing fees in the more advanced courts can be extensive.

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