reglab/housing_qa huggingface dataset:
MI Comp L § 280.192 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.192 - Intercounty Drain; Cleaning Out; Petition; Drainage Board; Procedure.

280.192 Intercounty drain; cleaning out; petition; drainage board; procedure.Sec. 192.  (1) If a drain or portion of a drain traverses lands in more than 1 county or lands in more than 1 county are subject to assessments and if the drain needs cleaning out, relocating, widening, deepening, straightening, tiling, extending, or relocating along a highway, requires structures or mechanical devices that will properly purify or improve the flow of the drain or pumping equipment necessary to assist or relieve the flow of the drain, needs supplementing by the construction of 1 or more relief drains, which may consist of new drains or extensions, enlargements or connections to existing drains, or needs 1 or more branches added to the drain, any 5 freeholders or at least 50% of the freeholders if there are fewer than 5 freeholders whose lands shall be liable to an assessment for benefits of the work, may make a petition in writing to the commissioner of any county having lands in the drainage district setting forth the necessity of the proposed work.   (2) If the petition described in subsection (1) is necessary for the public health of 1 or more cities, villages or townships, the petition may be signed solely by a representative of a city, village, or township if authorized by its governing body or by any combination of the cities, villages, or townships if each city, village, or township will be liable to assessments at large for a percentage of the total amount to be assessed for the cost of the proposed work. The percentage of cost apportioned to a city, village, or township shall be based upon the benefits to accrue to the city, village, or township and also the extent to which it contributes to the conditions that make the drain necessary.   (3) Upon receipt of a petition under subsection (1), the commissioner shall notify other members of the drainage board as constituted under section 122. The chairperson shall call a meeting of the drainage board within the time and in the manner prescribed in section 122. If the drainage board determines that the petition is practicable, the drainage board may cause a survey of the drain to be made by a licensed professional surveyor or engineer. After the surveyor or engineer has filed all data with the drainage board, the chairperson shall call a meeting as provided in section 122, and thereafter the drainage board shall proceed as provided under chapter 6 upon a petition for the location, establishment, and construction of a drain. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1959, Act 261, Imd. Eff. Aug. 21, 1959 ;-- Am. 1963, Act 36, Eff. Sept. 6, 1963 ;-- Am. 1965, Act 194, Imd. Eff. July 15, 1965 ;-- Am. 1968, Act 79, Eff. Nov. 15, 1968 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019 Popular Name: Act 40
MI Comp L § 280.193 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.193 - Drains; Apportionment for Cleaning, Widening, Deepening, Straightening, and Extending; Review; Notice; Consolidated Districts.

280.193 Drains; apportionment for cleaning, widening, deepening, straightening, and extending; review; notice; consolidated districts. Sec. 193.  All apportionments hereunder shall be made according to the benefits received and shall be subject to appeal the same as in the first instance. In case the apportionment shall be the same as the last recorded apportionment, no day of review shall be necessary. In case the apportionment shall be changed, or in case an apportionment is made in a consolidated district which apportions benefits between lands which have not been previously assessed by the consolidated district, the procedure shall be in all respects in accordance with the provisions of chapter 7 of this act, including the notice of and the holding of a day of review. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1962, Act 103, Imd. Eff. Apr. 30, 1962 Popular Name: Act 40
MI Comp L § 280.194 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.194 - Petitions and Proceedings; Description of Drain, Relief Drains.

280.194 Petitions and proceedings; description of drain, relief drains. Sec. 194.  In any petition filed under this chapter it shall not be necessary for the petitioners to describe said drain other than by its name or to describe its commencement, general route and terminus. For any work necessary to be done in cleaning out, widening, deepening, straightening, consolidating, extending, relocating, tiling or relocating along a highway, or for providing structures or mechanical devices that will properly purify or improve the flow of the drain or pumping equipment necessary to assist or relieve the flow of the drain or needs supplementing by the construction of 1 or more relief drains which may consist of new drains or extensions, enlargements or connections to existing drains, or needs 1 or more branches added thereto, and for any and all such proceedings, only 1 petition and proceeding shall be necessary. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1956, 1st Ex. Sess., Act 5, Imd. Eff. June 23, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1967, Act 172, Imd. Eff. June 30, 1967 Popular Name: Act 40
MI Comp L § 280.195 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.195 - Further Right of Way; Damages.

280.195 Further right of way; damages. Sec. 195.  In case it shall be necessary to secure further right of way and allow damages therefor, for any work contemplated by this chapter, the commissioner shall take all the necessary steps to obtain such right of way as are prescribed by chapter 4, being sections 71 to 84, inclusive, of this act. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.196a (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.196a - Drain Not Established Under Act; Removal of Debris From Watercourse; Conditions; Permission From Property Owner; Costs.

280.196a Drain not established under act; removal of debris from watercourse; conditions; permission from property owner; costs.Sec. 196a.  Notwithstanding other provisions of this act, a drain commissioner or drainage board may remove ice, fallen trees, logjams, or other debris on a watercourse that is not a drain established under this act if, upon inspection, a licensed professional engineer has determined that the ice, fallen trees, logjams, or other debris has caused or is causing flooding, an imminent risk of flooding, increased erosion, channel instability, reduction in capacity that may cause flooding, or other damage to 1 or more county or intercounty drains established under this act. The drain commissioner or drainage board may undertake the removal of any ice, fallen trees, logjams, or other debris authorized by this section after obtaining written permission from the owner or owners of property where the ice, fallen trees, logjams, or other debris is located and, if necessary, the owner or owners of property to which access is required to remove the ice, fallen trees, logjams, or other debris. The costs incurred by the drain commissioner or drainage board under this section shall be charged to the benefiting drainage districts consistent with this act, and are subject to the expenditure limit and conditions set forth in section 196 if the work is performed without petition. History: Add. 2014, Act 544, Imd. Eff. Jan. 15, 2015 Popular Name: Act 40
MI Comp L § 280.198 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.198 - Drain Taxes; Subsequent Assessment.

280.198 Drain taxes; subsequent assessment. Sec. 198.  The assessment, collection and return of drain taxes for any work done under this chapter shall be made in the same manner and under the same provisions as in this act provided for drain taxes assessed, collected, returned and enforced in the first instance: Provided, That in all proceedings involving subsequent assessments, the drain commissioner shall furnish to the supervisor of each township containing parcels of land subject to such assessment the names of the owners of record of such parcels as of the date of the assessment. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.199 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.199 - Cleaning Out Drain; Apportionment of Cost; Use of Surplus in Drain Fund.

280.199 Cleaning out drain; apportionment of cost; use of surplus in drain fund. Sec. 199.  In case the necessity for cleaning out any drain arises from the act or neglect of any land owner, said act or neglect shall be taken into consideration by the commissioner in making the apportionment. In case the cost of cleaning out shall be lessened by the tiling of the source of the drain under section 425 of this act, the commissioner may take that into consideration in making the apportionment of benefits against the land so tiled, but in no case shall said benefits be considered to be less than 50% of the benefits to such land if it were not tiled. Should there be a surplus in any drain fund, the commissioner or drainage board, as the case may be, may, in their discretion, without application or notice, pay out of such funds a reasonable compensation for cleaning out any obstruction that may accumulate in the particular drain for which the fund was raised. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.200 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.200 - Cleaning Out Drain; Cost of Maintenance and Repair; Public Contracts.

280.200 Cleaning out drain; cost of maintenance and repair; public contracts. Sec. 200.  In lieu of assessing the cost of the maintenance and repair of any drain to parcels of land in the drainage district within any city, village, township, charter township or county, the commissioner or drainage board may contract relative to such cost with any city, village, township, charter township or county in which the drain, or any part thereof, is located, or whose residents use the drain for drainage or for the transportation of sewage. In the contract any city, village, township, charter township or county may agree (1) to pay annually to the commissioner or the drainage board certain sums for the cost of maintenance and repair of any drain and for the creation of a reserve fund therefor, or (2) to provide such sums periodically as needed, or (3) to reimburse the commissioner or drainage board for all sums expended for maintenance and repair, or (4) for any combination of the foregoing. The contract shall be approved and its execution authorized by a resolution adopted by the legislative body of the city, village, township, charter township or county and shall be executed by the commissioner or drainage board on behalf of the drainage district. The city, village, township, charter township or county may fulfill its obligation to pay in accordance with the terms of the contract out of its general funds, service charges to its residents, or any other legally available funds. The contract shall specify the manner in which the obligation to pay shall be fulfilled. History: Add. 1962, Act 103, Imd. Eff. Apr. 30, 1962 Popular Name: Act 40
MI Comp L § 280.201 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)|Section 280.201 - Entering Property for Excavation or Tree Removal; Notice; Exception.

280.201 Entering property for excavation or tree removal; notice; exception.Sec. 201.  (1) At least 7 days before entering property for any excavation or tree removal to be performed under this chapter, the drain commissioner or drainage board shall mail notice of the expected entry by first-class mail to the property owner.  (2) Subsection (1) does not apply to work performed under section 196(8) or 196a. History: Add. 2016, Act 171, Eff. Sept. 12, 2016 Popular Name: Act 40
MI Comp L § 280.222 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-9. - Chapter 9. Letting of Contracts. (280.221...280.223)|Section 280.222 - Letting Contracts; Rejection of Bids; Adjournment.

280.222 Letting contracts; rejection of bids; adjournment. Sec. 222.  The commissioner shall first let the section at the outlet of the drain and shall let each remaining section in its order up stream: Provided, That the commissioner may let the drain in sections or as a whole, whichever appears to him the most practical: Provided further, That the commissioner shall reserve the right to reject any and all bids or proposals and proceed to let said drain in its entirety, and may adjourn such letting in the whole or in part, from time to time, to such other time or place to be by him at the time of such adjournment publicly announced as shall to him seem proper, but not in all more than 40 days from and after the time of letting as first advertised. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.241 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248)|Section 280.241 - Inspection of Drain; Order of Approval, Payments on Contract.

280.241 Inspection of drain; order of approval, payments on contract. Sec. 241.  No warrant or drain order for the payment of any part of such drain contract shall be drawn until the work has been inspected and approved as herein provided. The commissioner may inspect and approve any tile or open drain, or he may designate any competent surveyor or engineer to make such inspection, but where the construction exceeds $3,000.00, the commissioner shall designate a competent surveyor or engineer to make the inspection. Any person making such inspection shall see that the specifications in the contract are fully complied with, and if the work is not in accordance with the contract, the commissioner shall immediately notify the contractor thereof. If the work so inspected shall conform to the contract, the person making the inspection shall certify in writing to that fact and an order of approval shall thereupon be entered by the commissioner in his drain record, and notice of the approval be given the contractor. The commissioner may issue warrants or orders on the fund of any drain not exceeding 90% of the amount earned on any contract after the certificate of inspection and the order of approval is entered as herein provided. The payment of the final 10% or any portion thereof on any contract may be made after the certificate of inspection is made attesting to the completion and is filed in the office of the commissioner. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1965, Act 98, Eff. Mar. 31, 1965 Popular Name: Act 40
MI Comp L § 280.242 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248)|Section 280.242 - Extension of Time on Contract; Forfeiture; Reletting Unfinished Portion; Recovery of Excess Cost.

280.242 Extension of time on contract; forfeiture; reletting unfinished portion; recovery of excess cost. Sec. 242.  The commissioner shall have power to grant a reasonable extension of time for the completion of any contract. When any contract shall not be finished within the time specified, or to which it may be extended, the commissioner shall declare such contract forfeited and shall, within a reasonable time thereafter, relet the unfinished portion thereof to the lowest responsible bidder, by public letting, after not less than 5 days' notice thereof, by posting only, as provided for the letting in the first instance, or by private letting when such can be done, at a price per rod for the uncompleted portion thereof not exceeding the price per rod at which the job was first let; and he shall make contract and take security in each case as herein provided. The cost of completing such part over and above the contract price, if any, and the expense of notice and reletting shall be collected by the commissioner of the parties first contracting or of their bondsman, which moneys, when so collected, shall be deposited with the county treasurer, and placed to the credit of such drain. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.243 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248)|Section 280.243 - Deficiency; Assessment, Collection, Review, Appeal; Embezzlement; Payment From County General Fund, Conditions.

280.243 Deficiency; assessment, collection, review, appeal; embezzlement; payment from county general fund, conditions. Sec. 243.  Whenever the amount assessed for the construction of any drain shall not be sufficient to complete the same, and to pay all the costs and incidental expenses or to pay the principal and interest on bonds if such are issued, a further assessment shall be made to meet the deficit or additional expense. Such further assessment shall be apportioned, assessed, levied and collected as provided in the first instance, and on the same percentage, and shall be collected in 1 year, but there shall be no review of nor appeal from such further assessment: Provided, That whenever by reason of the embezzlement or other wrongful act of any county official or by reason of the conspiracy of any county official with any other person or persons to defraud any drainage district, township or county, there shall be any deficiency as aforesaid, the board of supervisors of any county traversed by the drain may provide for the payment, out of the general fund of the county, of all or any part of such additional assessment as may be apportioned to that part of the drainage district within such county, or for the refunding to taxpayers of any such assessment which may have been paid. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.244 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248)|Section 280.244 - Drain Orders; Drawing and Payment, Restrictions; Payment From County General Fund, Reimbursement.

280.244 Drain orders; drawing and payment, restrictions; payment from county general fund, reimbursement. Sec. 244.  All orders for the payment for services rendered and work performed shall be drawn by the commissioner upon the drain fund of each particular drain. In case of taxes assessed for benefits received which are to be paid in 7 annual installments or less, all orders for the payment for lands for right of way shall be paid out of the first year's taxes, and the balance of such first year's taxes, if any, shall be applied pro rata among the several contractors in the payment of the contracts for the construction of such drain. For the balance due upon such contracts the commissioner shall draw orders payable out of each succeeding year's assessment pro rata among the several contractors: Provided, That no commissioner shall draw orders payable in any one year for a larger amount than said year's assessment, except in cases where bonds are issued and sold as provided by law. All drain orders shall be drawn payable not sooner than the fifteenth day of April nor later than the first day of August of the year in which the drain taxes for the payment thereof are required to be paid. If the drain fund is insufficient for such purpose because of delinquency in the payment of drain taxes after the lands on which the said taxes shall have become delinquent have been offered for sale, in any such case where payment is made by the county treasurer out of the general fund and all delinquent drain taxes received by said treasurer thereafter shall be credited to the general fund until the same is reimbursed. In all cases where bonds are issued and sold as herein provided and the proceeds thereof are deposited in the county treasury to the credit of the fund of the particular drain, orders presented on such fund shall be paid out of the proceeds aforesaid, or out of the first annual installment of the taxes. In no case where there are outstanding bonds shall an order be paid out of any installment of taxes collected other than the first. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.246 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248)|Section 280.246 - Advertising Rates; Fees of Judge of Probate and Other Officers.

280.246 Advertising rates; fees of judge of probate and other officers. Sec. 246.  Newspaper publishers shall receive legal rates for advertising. The judge of probate shall receive 10 cents per folio for making exemplified copies of any proceedings had in the probate court and $2.00 for the appointment of special commissioners, including certified copy of the order of the appointment. Special commissioners may be appointed to determine the necessity of drains and the necessity of taking property for the use of such improvement and appraise damages therefor. Members of boards of review, boards of determination, surveyors and attorneys employed, shall present their account for services rendered and expenses under oath to the board of county auditors in a county having a board of auditors or to the judge of probate in other counties, and it shall be the duty of said board or judge to audit and allow the said accounts and direct the same to be paid from the revolving drain fund of the county: Provided, That in case the board of determination or special commissioners determine said proposed drain is not necessary, payment for all such service shall be made from the general fund of the county. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40