Publication

Asked April 7, 2015, 9:10 AM EDT

RE: Land Use Series Check List#4 For Adoption of a Zoning Ordinance Amendment (including some PUD's) in Michigan Step 5 regarding publication there is a note (Note: "General circulation" means a newspaper which has a paid subscription, and does not mean a free-distributed advertiser or similar type publication) My Question is what is the basis for it being a "paid" subscription and not a free-distributed advertiser?

Delta County Michigan

1 Response

This requirement is actually from the Publication of Notices in Newspapers Act, PA 247 of 1963, being MCL 691.1051 (see http://legislature.mi.gov/doc.aspx?mcl-691-1051). The act, in its entirety, is reproduced below:

691.1051 Newspaper; definition; publication of notices.

Sec. 1. The term “newspaper” as used in any statute of this state, except the revised judicature act of 1961 relative to the publication of a notice of any kind, shall be construed to refer only to a newspaper published in the English language for the dissemination of local or transmitted news and intelligence of a general character or for the dissemination of legal news, which

(a) has a bona fide list of paying subscribers or has been published at not less than weekly intervals in the same community without interruption for at least 2 years, and

(b) has been published and of general circulation at not less than weekly intervals without interruption for at least 1 year in the county, township, city, village or district where the notice is required to be published. A newspaper shall not lose eligibility for interruption of continuous publication because of acts of God, labor disputes or because of military service of the publisher for a period of not to exceed 2 years and provided publication is resumed within 6 months following the termination of such military service,

(c) annually averages at least 25% news and editorial content per issue. The term “news and editorial content” for the purpose of this section means any printed matter other than advertising.

If no newspaper so qualifies in the county where the court is situated, the term “newspaper” shall include any newspaper in an adjoining county which by this act is qualified to publish notice of actions commenced therein.