Argument and Standard of Review

In Westervelt, the lead opinion stated that all delegation legislation must satisfy a test with two components: a separation-of-powers components, which requires that the legislation provide sufficient standards to regulate an executive agency’s conduct; and a due-process component, which is meant to limit the opportunities for administrative favoritism. 2004 PA 326 simply states that the State Administrative Board and the Department of Management and Budget "may" sell the disputed property if that sale is in the "best interest of the state." The statute is both without meaningful standards and an invitation to favoritism. It is therefore unconstitutional.

Standard of Review

The constitutionality of a legislative act is a question of law that is reviewed de novo. DeRose v DeRose, 469 {Mich} 320, 326; 666 NW2d 636 (2003).