reglab/housing_qa huggingface dataset:
MI Comp L § 280.322 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-13. - Chapter 13. Highways. (280.321...280.328)|Section 280.322 - Drains in Public Highways; Cost of Construction; Contract; Maintenance, Bridges or Culverts to Farms.

280.322 Drains in public highways; cost of construction; contract; maintenance, bridges or culverts to farms. Sec. 322.  When any drain crosses a highway, the necessary bridge or culvert shall be constructed on the center line of the highway as located by survey, and in accordance with plans and specifications which shall be approved by the county road commission having jurisdiction, or by the state highway commissioner if such highway is a state trunk line. The cost of constructing the necessary bridge or culvert shall be charged in the first instance as part of the cost of construction of such drain. The board of county road commissioners or the state highway commissioner shall assume and bear such portion of the cost of construction, based upon benefits, as may be agreed upon with the drain commissioner. In such case, the contract for the construction of the bridge shall not be let by the drain commissioner without the written consent of the state highway commissioner or the board of county road commissioners. Thereafter such bridge or culvert constructed under the provisions of this act shall be maintained by the county road commission or state highway commissioner. Any such expense charged to the state highway commissioner shall be met out of any funds appropriated for the state highway department that may be available therefor; and any such expense to be borne by the board of county road commissioners shall be paid out of moneys in the county road fund not otherwise appropriated. As part of such drain, there shall be constructed at least 1 bridge or culvert across such drain connecting the highway (except limited access highways established under Act No. 205 of the Public Acts of 1941, as amended, being sections 252.51 to 252.64 of the Compiled Laws of 1948), with each farm entrance, and when a drain crosses a farm or any portion thereof there shall be constructed 1 bridge, culvert or ford across the drain connecting the portions of the farm disconnected by the drain, which bridge, culvert or ford shall also be charged in the first instance as a part of the construction of such drain, after which such bridge, culvert or ford shall be maintained by the owner of the land. If the drain commissioner shall make future improvements such as widening, deepening, straightening or relocating such drain, but not clean out alone, there shall be constructed the necessary bridges, culverts and fords as parts of such improvements. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1965, Act 107, Imd. Eff. June 30, 1965 Popular Name: Act 40
MI Comp L § 280.322b (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-13. - Chapter 13. Highways. (280.321...280.328)|Section 280.322b - Drains; Highways, Crossing; Expenses.

280.322b Drains; highways, crossing; expenses. Sec. 322b.  If any person desires during construction or reconstruction of a highway to install a drain for agricultural benefits in lands adjacent to any highway, and if a satisfactory outlet cannot be secured on the upper side of the highway right of way and the drain must be projected across the right of way to reach an outlet which may be legally utilized as an outlet and is suitable for such purpose, the expense of both material and labor used in installing the drain across the right of way shall be paid from funds available for the highway affected if the highway authority is notified of the necessity of the drain sufficiently in advance of the construction or reconstruction of the highway so that the drain may be installed and the highway constructed or reconstructed in the same operation. History: Add. 1968, Act 283, Imd. Eff. July 1, 1968 Popular Name: Act 40
MI Comp L § 280.323 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-13. - Chapter 13. Highways. (280.321...280.328)|Section 280.323 - Drains Along Public Highways; Consent; Disposition of Materials; Apportionment Against State Trunk Line Highway; Payment of Assessment; Certificate of Amount Due; Drains Constructed Prior to 1923.

280.323 Drains along public highways; consent; disposition of materials; apportionment against state trunk line highway; payment of assessment; certificate of amount due; drains constructed prior to 1923. Sec. 323.  Before a drain is constructed along a public highway, the drain commissioner or drainage board shall consult with and obtain the written consent of the highway authorities having jurisdiction over the highway, as to the proposed location of the drain and the disposition of all material excavated. Whenever an apportionment is made against a state trunk line highway, the amount of the assessment based on the apportionment shall be paid out of any state transportation funds on hand. On or before December 1 of the year when the assessment is made, the drain commissioner or drainage board shall certify to the state treasurer the amount due from the state to the drainage district by reason of the assessment of benefits, and the state treasurer shall, if satisfied of the correctness of such certificate, cause the certificate to be paid within 30 days thereafter.  If a ditch or drain was constructed prior to 1923 primarily for drainage of private lands, and was constructed along a public highway, and if the records including the original survey of the drain are not of public record nor turned over to the county drain commissioner, or have not been entered in the records of the county drain commissioner as a county drain, then the actual location of the drain shall be sufficient to make the drain comply with the provisions of this act with respect to the location thereof, and the drain shall be a county drain upon compliance with the other provisions of this act with respect to county drains. No proceedings shall be instituted for the widening of the drain or the deepening thereof below its original bottom. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1972, Act 150, Imd. Eff. May 26, 1972 ;-- Am. 2002, Act 353, Imd. Eff. May 23, 2002 Popular Name: Act 40
MI Comp L § 280.324 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-13. - Chapter 13. Highways. (280.321...280.328)|Section 280.324 - Drainage Across Lands Adjacent to Highways; Right of Way; Approval of Purchase.

280.324 Drainage across lands adjacent to highways; right of way; approval of purchase. Sec. 324.  Whenever it is necessary or more convenient for the proper drainage of any highway in this state that the surplus water be taken onto or across the land adjacent thereto, the county road commission of the county in which said highway is situated may secure the right of way and may open such drain or outlet for the water, and for these purposes may use any highway moneys of the township in which said highway is situated, not otherwise appropriated, and such sums as may be voted for that use by the electors of the townships. The county road commission shall secure the right of way for any such drain by gift or purchase from the owners of the land to be crossed by such drain; but in case of purchase the purchase price must be approved by the township board whenever township funds are involved, before any money be paid thereon. Such right of way shall be acquired by deed duly executed by the owner or owners of the lands sought to be crossed by the said drain, and shall be taken in the name of the township wherein the same is located, and filed in the office of the register of deeds of the county before any highway money shall be expended in opening such drain outside the highway limits.  Before the township board approves the purchase price of any drain right of way under this section, the county road commission shall submit to the board for its approval details of the proposed drain, with specifications that the drain shall be constructed in accordance with good health and sanitation standards and in such a manner as not to constitute a hazard to health or safety and that in construction of the drain the township board shall approve the use of the land upon which the drain is to be located. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1962, Act 94, Eff. Mar. 28, 1963 Popular Name: Act 40
MI Comp L § 280.325 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-13. - Chapter 13. Highways. (280.321...280.328)|Section 280.325 - Cost to Township for Highway Drainage; Report by County Road Commission, Drain Fund.

280.325 Cost to township for highway drainage; report by county road commission, drain fund. Sec. 325.  The county road commission shall report to the electors of the township at their annual meeting the amount of money expended by him during the year for such highway drainage, specifying the amount expended on each drain. The commission shall also recommend the raising of such sums as it may deem necessary for opening drains from the highway during the coming year, specifying each proposed drain and the probable amount needed for securing the right of way and opening the same. The money voted for this purpose by the electors of the township shall constitute a special highway drain fund, and shall be used for no other purpose. In case any money be left in the fund, after opening the drain for which it was raised, it may be used in opening any other highway drain in the township, or in cleaning out, when necessary, those already opened. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.326 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-13. - Chapter 13. Highways. (280.321...280.328)|Section 280.326 - Construction Report; Restriction on County Road Commission.

280.326 Construction report; restriction on county road commission. Sec. 326.  On the completion by the county road commission of any drain constructed under the provisions of this act, it shall be the duty of said county road commission to file in the office of the drain commissioner a detailed report of the construction of such drain, giving the date of construction, the termini and general course thereof, together with a copy of the deed by which the right of way therefor was secured. Nothing in the provisions of the preceding sections shall be construed as giving to the county road commission power to lay out and construct drains having any other purpose than the drainage of highways. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.328 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-13. - Chapter 13. Highways. (280.321...280.328)|Section 280.328 - Forwarding Engineering Plans to Drain Commissioner.

280.328 Forwarding engineering plans to drain commissioner. Sec. 328.  Before the department of state highways may commence the construction of a state highway, the engineering plans of the state highway relative to county drains shall be forwarded to the drain commissioner of each county where the state highway is to be constructed. History: Add. 1972, Act 298, Imd. Eff. Dec. 14, 1972 Popular Name: Act 40
MI Comp L § 280.341 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-14. - Chapter 14. Railroads. (280.341...280.343)|Section 280.341 - Drains Along Railroad; Release of Right of Way; Consent.

280.341 Drains along railroad; release of right of way; consent. Sec. 341.  Drains may be laid along the line of any railroad within its right of way: Provided, That such drain shall not be to the injury of the roadbed. Whenever it is proposed to construct a drain along the line, and within the right of way of any railroad, and the company owning or operating such road shall refuse or neglect to permit such drain to be constructed, or release the right of way therefor within the time prescribed in section 75 of this act, such release shall be obtained in the same manner as is provided in this act for obtaining private lands: Provided, That no drain shall be constructed along the line of any railroad without the consent of the company owning or operating such road, if it shall appear to the special commissioners that such drain can equally well be laid on private lands. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.342 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-14. - Chapter 14. Railroads. (280.341...280.343)|Section 280.342 - Drains Across Public Utility Right of Way; Mandamus to Compel Opening; Costs.

280.342 Drains across public utility right of way; mandamus to compel opening; costs. Sec. 342.  Whenever it is necessary to lay out and establish, deepen or widen, or both, or extend or straighten a drain across the right of way or roadbed of any railroad, railway, telephone, telegraph, dam, electric, water, oil, gas or other power company, the same proceedings shall be had throughout in all respects as cases provided in this act for obtaining private lands, except as herein provided. The damages and compensation to be awarded by the special commissioners shall include the legal damages for the making of the opening required in the drain proceedings. After damages as aforesaid shall have been determined, it shall be the duty of the railroad, railway, telephone, telegraph, dam, electric, water, oil, gas or other power company, when notified by the commissioner so to do, to make and maintain the necessary opening through its roadbed or right of way and to build and maintain a suitable culvert or crossing for such drain. Notice in writing to make such opening and to construct such culvert shall be served upon such company by leaving a copy thereof with the ticket or freight agent or general officer of such railroad, railway, telephone, telegraph, dam, electric, water, oil, gas or other power company at least 30 days before such railroad, railway, telephone, telegraph, dam, electric, water, oil, gas or other power company shall become liable. In case such railroad, railway, telephone, telegraph, dam, electric, water, oil, gas or other power company shall neglect for 30 days after service of such notice as aforesaid, the commissioner shall have the right to petition the circuit court, in addition to any other remedies which may exist, of the county in which such crossing is located, to compel such company to make such opening forthwith; and such circuit court shall, if it finds there is legal right to such opening, order the same to be forthwith constructed by said company, and issue its writ of mandamus therefor. At least 10 days' notice shall be given such company of such application, and thereafter such proceedings shall follow the practice of circuit courts in mandamus proceedings. Said matter shall be heard and determined as speedily as practicable, and take precedence over all other cases which may be pending in such court. Such costs may be awarded the prevailing party as are awarded in other motions for mandamus. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.343 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-14. - Chapter 14. Railroads. (280.341...280.343)|Section 280.343 - Violation of Act; Penalty.

280.343 Violation of act; penalty. Sec. 343.  In case such railroad company shall refuse or neglect to comply with the provisions of section 342, it shall be liable to a penalty of $10.00 for each day's refusal or neglect to make such opening and construct such culvert. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.351 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-15. - Chapter 15. Dams in Drains. (280.351...280.356)|Section 280.351 - Dams in Drains to Control Flow, Water Levels and Seepage; Removal of Drainage by Pumps.

280.351 Dams in drains to control flow, water levels and seepage; removal of drainage by pumps. Sec. 351.  Established drains may be improved for the benefit of those whose lands were improved by the original construction of such drain, by the construction, operation and maintenance of dams in drains to control flow, water levels and seepage and to provide for the removal of the drainage when necessary by the use of pumps and other mechanical operations. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.352 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-15. - Chapter 15. Dams in Drains. (280.351...280.356)|Section 280.352 - Dams in Drains; Petition, Signers, Contents, Examination, Finding.

280.352 Dams in drains; petition, signers, contents, examination, finding. Sec. 352.  When it appears upon the written petition of a number of freeholders in the drainage district equal to 50% of the number of freeholders whose lands are traversed by said drain from the point where said dam or dams are located to the upper terminus, that such improvement is desired to be made by damming such drain and maintaining and operating such dam or dams to control flow, water levels and seepage or to provide for pumping the drainage where necessary from said drain or watercourse, and that such improvement and the maintenance and operation of such dam or dams is necessary to properly drain said lands and to protect the lands through which said drain runs, or to protect the rights of freeholders above such dam or dams, or the rights of freeholders of land adjacent or contiguous to the drainage district, or for the purpose of irrigation, said petition stating where it is desired to construct said dam or dams and the proposed method of operation of such dam or dams to control flow, water levels or seepage, or how the drainage is to be removed and where it is to be emptied, the commissioner shall, as soon as practicable after receipt of such petition, proceed to examine said drain and pass upon the necessity of such improvement and whether such improvement is practicable and conducive to the public health, convenience or welfare, or an improvement or necessity to preserve the adjoining lands thereto, or to protect rights in lands, or for the purpose of irrigation. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.353 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-15. - Chapter 15. Dams in Drains. (280.351...280.356)|Section 280.353 - Dams in Drains; First Order of Determination, Contents.

280.353 Dams in drains; first order of determination, contents. Sec. 353.  If such commissioner determines such improvement, as set forth in the petition, to be practicable and a necessity to properly drain such lands, or to protect rights in lands, or for the purpose of irrigation to be conducive to the public health, convenience or welfare, or to preserve or protect the adjoining lands thereto, he shall within 60 days make an order of determination in writing, thereby stating where such dam is to be constructed and to designate its dimensions and to designate, where necessary, the method by which the drainage is to be carried away and where it is to be emptied. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.354 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-15. - Chapter 15. Dams in Drains. (280.351...280.356)|Section 280.354 - Dams in Drains; Construction Contract With Owners of Lands Benefited; Default, Contract for Completion, Costs and Expenses.

280.354 Dams in drains; construction contract with owners of lands benefited; default, contract for completion, costs and expenses. Sec. 354.  If at any time after the commissioner has issued his first order of determination declaring such improvement to be necessary, and before the letting of any contract for constructing the same, all of the owners of the land through which or for the benefit of which such drain is located shall by themselves, their agents or attorneys, pay to the commissioner all the costs and expenses thus far incurred by him, and shall severally or jointly enter into a contract, with good and sufficient sureties and in such sum as the commissioner may require, to construct such improvements on such drain and pay all expenses necessary to be incurred in the construction, maintenance and operation of the same, then the commissioner may contract with such owner or owners, and such improvements when accepted shall be certified by the commissioner as a drain constructed in pursuance of the provisions of this act, and shall be recorded in the same manner as other drains. If such contract is not fulfilled in the time limited therein, the commissioner shall contract with other parties for the completion of the work and the parties so in default and their sureties shall be liable for all costs and expenses attending such default. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.355 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-15. - Chapter 15. Dams in Drains. (280.351...280.356)|Section 280.355 - Dams in Drains; Supervision of Work; Governing Provisions.

280.355 Dams in drains; supervision of work; governing provisions. Sec. 355.  All work done under the provisions of this act shall be under the supervision of the commissioner. All the provisions of this act relative to proceedings after the filing of petition for the determination of the necessity, institution of condemnation proceedings and proceedings had thereon and the construction, operation and maintenance of the improvements mentioned in such petition, and the assessment and review and levy and collection of taxes and all other provisions of said act not inconsistent with the provisions of this act shall be applicable in the construction, operation and maintenance of dams and the better maintenance of such drainage work by embanking, pumping or other mechanical operation or other work under the provisions of this act. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.356 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-15. - Chapter 15. Dams in Drains. (280.351...280.356)|Section 280.356 - Dams in Drains; Intercounty Drains; Governing Provisions.

280.356 Dams in drains; intercounty drains; governing provisions. Sec. 356.  Each and every act required by the foregoing sections of this chapter to be done and performed by the commissioner shall be done and performed by the drainage board where the petition for the establishment of such dam relates to or affects drains traversing more than 1 county or affecting lands in more than 1 county. On receipt of such petition it shall be the duty of such commissioner to notify the commissioner of each county affected and the state director of agriculture and call a meeting in the manner and at the time provided by section 102 of this act. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40