reglab/housing_qa huggingface dataset:
MI Comp L § 280.381 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-16. - Chapter 16. Special County Commissioner. (280.381...280.384)|Section 280.381 - Disqualification of Commissioner; Petition Filed With Probate Judge.

280.381 Disqualification of commissioner; petition filed with probate judge. Sec. 381.  Whenever the commissioner of any county shall receive a petition asking for the laying out, construction, cleaning out, deepening or widening of any drain, or a petition asking proceedings by virtue of which any assessment upon lands for benefits received would result, wherein such commissioner shall be interested by reason of himself, wife or child, owning lands that would be liable to an assessment for benefits upon the work or proceeding proposed to be done or had, and in cases where such commissioner may be otherwise disqualified to act in the making of apportionment of benefits, such commissioner shall file a copy of such petition with the judge of probate of the county, together with a statement signed by him, showing that he is disqualified to act in making such apportionment of benefits. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.382 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-16. - Chapter 16. Special County Commissioner. (280.381...280.384)|Section 280.382 - Disqualification of Commissioner; Appointment of Disinterested Commissioner; Duties as to County Drain.

280.382 Disqualification of commissioner; appointment of disinterested commissioner; duties as to county drain. Sec. 382.  Upon receiving such petition and certificate aforesaid, the judge of probate shall, within not less than 15 days, appoint a disinterested commissioner of an adjoining or nearby county to make the apportionment of benefits on said drain. It shall be the duty of said disinterested commissioner, so appointed, to make and complete within a period of 30 days, or within such reasonable time thereafter as may be necessary, an apportionment of the benefits of said drain and file the same with the said disqualified commissioner, and said apportionment shall be adopted for said drain, subject to the same rights of appeal as provided in this act. Said disqualified commissioner shall furnish the commissioner so appointed with a copy of his final order of determination on said drain. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.383 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-16. - Chapter 16. Special County Commissioner. (280.381...280.384)|Section 280.383 - Disqualification of Commissioner; Appointment in Case of Intercounty Drain.

280.383 Disqualification of commissioner; appointment in case of intercounty drain. Sec. 383.  In the case of a drain affecting more than 1 county, and any commissioner shall be disqualified to make the apportionments thereon, a commissioner for the county shall be appointed in the manner herein provided, with powers and duties mentioned in this act. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.384 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-16. - Chapter 16. Special County Commissioner. (280.381...280.384)|Section 280.384 - Disinterested Commissioner; Salary and Expenses, Assessment.

280.384 Disinterested commissioner; salary and expenses, assessment. Sec. 384.  The salary of the commissioner so appointed, which shall be the same as that received by him from the county of which he is commissioner, together with all expenses actually and necessarily incurred by him, shall be assessed against the drain in connection with which said services were performed and shall be paid in the same manner as other expenses are paid. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.391 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-17. - Chapter 17. Abandoned and Vacated Drains—disposal of Funds. (280.391...280.396)|Section 280.391 - Abandoned and Vacated Drains; Procedure; Private Rights; New Drain.

280.391 Abandoned and vacated drains; procedure; private rights; new drain. Sec. 391.  Any drain or part thereof which has ceased to be of public utility and is no longer necessary or conducive to the public health, convenience and welfare may be declared to be abandoned and vacated in the manner herein provided. Any 5 freeholders of lands in a drainage district or the governing body of any public corporation in whose limits a drain or part thereof is located may petition for the abandonment and vacation of a drain or part thereof. The petition shall be addressed to and filed with the commissioner or drainage board having jurisdiction of such drain. The commissioner or drainage board shall hold a meeting to hear objections to the petition and to the abandonment and vacation of a drain or part thereof therein requested, and shall give notice of such meeting by posting in 5 public places in the drainage district and by publication in a newspaper of general circulation in the drainage district which posting and publication shall occur at least 10 days before the date of such meeting. Private rights of persons acquired by reason of the establishment and construction of such drain or part thereof shall not be interfered with, or in any way be impaired by such abandonment and vacation. If it is determined at such meeting that the drain or part thereof should be abandoned and vacated, the commissioner or drainage board shall issue an order to that effect and file the same with the commissioner of the county or counties involved. Easements or rights-of-way for the drain or part thereof abandoned and vacated or easements or portions thereof no longer necessary for drainage purposes shall be conveyed or released by the commissioner or drainage board on behalf of the drainage district. If it be contemplated to construct a new drain or part thereof on or near the line of an existing drain or part thereof this may be accomplished without abandonment and vacation of the existing drain or part thereof and the easements or rights-of-way of the existing drain or part thereof may be used for this purpose: Provided, however, That if the contemplated project materially damages the property owner beyond the existing easement, or if it materially burdens the existing easement, then the commissioner or drainage board shall secure an additional easement for the contemplated project. It shall not be necessary to abandon and vacate an existing drain or part thereof made unnecessary by a new drain or part thereof until the new drain is constructed and ready for service. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1964, Act 107, Eff. Aug. 28, 1964 Popular Name: Act 40
MI Comp L § 280.392 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-17. - Chapter 17. Abandoned and Vacated Drains—disposal of Funds. (280.391...280.396)|Section 280.392 - Abandoned and Vacated Drains; Notices; Disposal of Money in Drain Funds.

280.392 Abandoned and vacated drains; notices; disposal of money in drain funds. Sec. 392.  Whenever any drain shall have been declared vacated and abandoned, as provided in section 391, it shall be the duty of the commissioner to serve notice thereof forthwith upon the county treasurer of the county or counties in which the drainage district, or any portion thereof, is situated. If there be any money credited to or belonging to the fund of such vacated and abandoned drain, it shall be the duty of the county treasurer or treasurers to transfer and pay over the same to the treasurer or treasurers of the township or townships in which the drain was located or in which assessments for benefits to be received from such drain have been assessed and collected: Provided, That in all cases where the amount of such money belonging to the drain fund of such drain, in the hands of the county treasurer, shall be insufficient to permit the refunding and paying over to such township treasurers all of the moneys assessed and collected in such townships, the county treasurer shall prorate the amounts so paid, and each township treasurer shall be entitled to receive such proportion of the moneys remaining in the fund of the vacated or abandoned drain as the total amount of the assessments levied and collected in his township and becoming a part of such drain fund shall bear to all of the moneys assessed and collected and making up such fund. In case it is necessary to prorate in the manner provided, the county treasurer shall furnish to each township treasurer a statement showing the amount of money in the fund at the time such drain was declared vacated and abandoned, and the various amounts assessed and collected for such fund from the different townships entitled to share in the disbursement thereof. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.393 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-17. - Chapter 17. Abandoned and Vacated Drains—disposal of Funds. (280.391...280.396)|Section 280.393 - Abandoned and Vacated Drains; Duties of Township Treasurer in Distribution of Funds.

280.393 Abandoned and vacated drains; duties of township treasurer in distribution of funds. Sec. 393.  Upon receiving such money, and the accompanying statement, if required to be furnished hereby, the township treasurer shall give his receipt therefor to the county treasurer. He shall also serve notice upon each person, firm or corporation who, as shown by the records of his office, shall have paid a special tax for benefits received or to be received from the construction of such drain, that such drain has been declared vacated and abandoned and that the payment as aforesaid has been made to him by the county treasurer. Similar notice shall also be served upon the township board and shall be published for 2 successive weeks in some newspaper published and circulating in said county. Thereupon, every such person, firm or corporation shall be entitled to demand and receive from said township treasurer the amount of the special assessment that such person, firm or corporation may have so paid. The amount of the special tax for the construction of such drain that may have been assessed and collected from the township at large shall be credited to and paid into the contingency fund in the township treasury: Provided, however, That if the amount of money paid over to the township treasurer by the county treasurer in the manner aforesaid is less than the aggregate amount of special assessments levied and collected in such township for the construction of such drain and the tax levied and collected upon and from the township at large, then the township treasurer shall prorate the payments to each such person, firm or corporation and the amount to be paid into the general fund in the township treasury; and each such person, firm or corporation and the contingency fund in the township treasury shall be entitled to receive such proportion of the amount of the special assessment or tax paid thereby as the amount of money paid to the township treasurer by the county treasurer shall bear to the total amount of special assessments and taxes levied and collected in said township and paid into the fund for the construction of said drain. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.394 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-17. - Chapter 17. Abandoned and Vacated Drains—disposal of Funds. (280.391...280.396)|Section 280.394 - Abandoned and Vacated Drains; Disposal of Funds, Payments by Township Treasurer.

280.394 Abandoned and vacated drains; disposal of funds, payments by township treasurer. Sec. 394.  In case any person who might be entitled to be paid any sum of money in accordance with this act because of a special assessment or tax paid by him for the construction of such drain shall have died, payment as aforesaid shall be made to his personal representatives or to those entitled under the law to take and receive any personal property of which such person so dying may have been possessed at the time of his death. In case of any payment made by a firm that shall have been dissolved, payment to any member of said firm shall be deemed a compliance herewith on the part of the township treasurer: Provided, however, That if no person who was a member of such firm is surviving or can be found, payment may be made to the distributees of any member: Provided further, That when any person claiming an interest in the amount to which any firm would, if still in existence, be entitled shall notify the township treasurer to withhold payment pending a determination of the rights of various claimants, it shall be the duty of the township treasurer to retain the amount involved for such a reasonable time as will permit such determination to be made. In all cases where a corporation that would, if existing, be entitled to receive a payment of money under the provisions of this act has been dissolved and its affairs wholly wound up, and in all cases where it is impossible to find the person or persons entitled to any sum of money herein, such amount or amounts shall, after a lapse of 2 years from and after the publication of notice provided for in section 393 hereof, be paid over by the township treasurer into the general fund of the township. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.396 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-17. - Chapter 17. Abandoned and Vacated Drains—disposal of Funds. (280.391...280.396)|Section 280.396 - Transfer of Drain Project to County Department of Public Works.

280.396 Transfer of drain project to county department of public works. Sec. 396.  In any county which has established a department of public works under the provisions of Act No. 185 of the Public Acts of 1957, being sections 123.731 to 123.786 of the Compiled Laws of 1948, the drain commissioner, if in his judgment any project in process of completion or which has been completed can more adequately or feasibly be handled by the department of public works, may file a written report to that effect with the county clerk. The report shall be filed in duplicate, and immediately upon receipt, a copy shall be forwarded to the department of public works and the clerk shall present the drain commissioner's recommendation to the board of supervisors at the next meeting. If the board of supervisors approves the drain commissioner's recommendation it shall, by resolution, so indicate and direct transfer of jurisdiction over the project to the department of public works. Any money which is in the drain fund of any district or belonging to such project at the time jurisdiction over it is transferred shall be promptly transferred and used by the department of public works for the purpose for which it was accumulated. All assets, files, maps, drawings, specifications, records of procedure, assessment rolls or other data pertinent to the project shall be transferred to the department of public works. Thereafter, the department of public works shall be responsible for further proceedings and the drain commissioner relieved therefrom. History: Add. 1958, Act 64, Imd. Eff. Apr. 9, 1958 Popular Name: Act 40
MI Comp L § 280.421 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-18. - Chapter 18. Obstructions in Drains; Sewage; Miscellaneous Provisions. (280.421...280.435)|Section 280.421 - Obstructions; Removal; Expenses, Notice; Livestock; Criminal Complaint.

280.421 Obstructions; removal; expenses, notice; livestock; criminal complaint. Sec. 421.  Whenever any person shall obstruct any established drain, it shall be the duty of the commissioner to cause such obstruction to be removed. Any lessening of the area of a drain, which area shall be a cross section of the drain, shall be deemed to be an obstruction. The person causing such obstruction shall be liable for the expense attendant upon the removal thereof, together with the charges of the commissioner, and the same shall be a lien upon the lands of the party causing or permitting such obstruction, and all of the expense shall by the commissioner be reported to the board of supervisors, together with the report of his doings in the premises, and by said board ordered spread upon the land of the offending party, should the same remain unpaid: Provided, That the offending party causing such obstruction shall be given a notice in writing of at least 5 days to remove such obstruction. This provision as to obstruction of any drain shall not apply where the obstruction was caused by natural causes, but the owner of the stock who shall permit his horses, cattle, pigs and other stock to obstruct any drain by tramping in it shall be deemed to be the party causing such obstruction. Nothing contained in this section shall in any way impede or bar the right of any person to make criminal complaint under any existing law for any obstruction of a drain. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.422 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-18. - Chapter 18. Obstructions in Drains; Sewage; Miscellaneous Provisions. (280.421...280.435)|Section 280.422 - Obstructions; Public Utility Companies; Removal, Mandamus.

280.422 Obstructions; public utility companies; removal, mandamus. Sec. 422.  Railroad or railway companies, telephone, telegraph, or pipeline companies and other utilities shall not obstruct established drains, nor shall they lessen the area of any drain through their track bed or right of way. The area herein referred to is a cross section of the drain. In case any such company or utility, without legal right, has constructed or shall construct any bridge, culvert, pipeline or conduit over any established drain whereby the area aforesaid is decreased, the removal of such bridge, culvert, pipeline or conduit shall not be deemed an element of damage in proceedings to deepen and widen such drain through such track bed or right of way. In case it is proposed to construct a pipeline, sewer or conduit within, over or across any county, such construction shall be of a nature and laid at such a depth at the point of crossing of any established public drain as will not interfere with said established public drain. The consent of the county drain commissioner or board of public works of any municipality shall be obtained before the work of such construction is commenced and such drain commissioner is hereby authorized to grant such consent upon such terms and conditions as may be reasonable and proper under the circumstances then existing. In case any railroad or railway company, telephone, telegraph or pipeline company or other utilities shall obstruct any established drain, or has constructed or shall construct any bridge, culvert, pipeline or conduit, sewer or other structure over, under or through any established drain, leaving less capacity to the drain than such drain is legally entitled to, in accordance with the rights for such drain as established by proper drain proceedings or as established by other legal methods prior to the date of construction of any such obstruction, the county drain commissioner or the board of public works, as the case may be, may, by mandamus proceedings in the circuit court of the county in which such obstruction shall occur, compel the removal of such obstruction. If necessary, issues of fact may be framed in such proceedings. In case the court shall find such drain to have been obstructed, it shall issue a preemptory mandamus compelling such company to remove such obstruction. The court may award costs in its discretion as in other mandamus proceedings. The practice herein shall be the same as in other motions for mandamus. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1959, Act 261, Imd. Eff. Aug. 21, 1959 Popular Name: Act 40
MI Comp L § 280.426 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-18. - Chapter 18. Obstructions in Drains; Sewage; Miscellaneous Provisions. (280.421...280.435)|Section 280.426 - Drain Orders Received for Drain Taxes.

280.426 Drain orders received for drain taxes. Sec. 426.  The drain orders issued for each particular drain shall be received for drain taxes for benefits levied for the construction of such drain by the township treasurer or county treasurer, as the case may be. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.427 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-18. - Chapter 18. Obstructions in Drains; Sewage; Miscellaneous Provisions. (280.421...280.435)|Section 280.427 - Corporation or Land Contract Vendee as Freeholder; Corporate Agent or Officer as Signer of Petition.

280.427 Corporation or land contract vendee as freeholder; corporate agent or officer as signer of petition. Sec. 427.  In any application or petition required to be filed under this act, a freeholder shall be deemed to include a corporation owning land and a vendee under land contract, where such contract is of record in the office of the register of deeds of the county, or where the land is assessed in the name of the vendee on the tax assessment roll of the township or city. The authority of an officer or agent of a corporation to sign an application or petition on behalf of such corporation shall not be questioned, except by such corporation itself, after the application or petition has been accepted and passed on by a board of determination. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.428 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-18. - Chapter 18. Obstructions in Drains; Sewage; Miscellaneous Provisions. (280.421...280.435)|Section 280.428 - Drainage District Including State Lands; Assessment, Payment.

280.428 Drainage district including state lands; assessment, payment. Sec. 428.  If any drain commissioner shall receive an application to lay out a drainage district which will include land owned by the state of Michigan, or owned or controlled by any state institution, board or agency, said commissioner shall serve notice of apportionment of benefit on the same officers in like manner as service is required to be made on the state highway commissioner for state highways, and if said director of agriculture and the officer, board or agency having control of such land shall approve, in writing, the amount of such assessment, and shall state whether such assessment shall be paid in full or by installments, the board of state auditors is directed to audit and allow and draw its warrant upon the state treasurer in payment of the amount assessed against said land either in full or by installments as requested. Such sums of moneys as are necessary to carry out the provisions of this section are hereby apportioned from the general fund of the state out of any moneys in said fund not otherwise appropriated. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40