reglab/housing_qa huggingface dataset:
MI Comp L § 280.101 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106)|Section 280.101 - Intercounty Drainage Districts; Application; Filing; Signatures; Eligibility.

280.101 Intercounty drainage districts; application; filing; signatures; eligibility.Sec. 101.  (1) Before any action is taken on a petition to locate, establish, and construct a drain that will traverse lands in more than 1 county, or affect more than 1 county, an application must be filed with a commissioner having jurisdiction of any of the lands to lay out and designate a drainage district. The application shall tentatively describe the location and route of the proposed drain. Except as provided in subsection (2), the application shall be signed by ten or more freeholders of the cities, villages, or townships in which the proposed drain or the lands proposed to be benefitted by the drain are located. Five or more of the signers shall be the freeholders whose lands will be liable for an assessment for the construction of the proposed drain. However, if it appears to the drain commissioner to whom the application is submitted that the drainage district may not include at least 20 freeholders whose lands will be liable for an assessment, the application shall be received if at least 1 of the signers is a freeholder whose land will be liable for an assessment. The eligibility of the signers to the application shall be determined by their interest of record in the office of the register of deeds, in the probate court, or in the circuit court of the county in which the lands are located at the time the application is filed.  (2) An application under subsection (1) need only be signed by a representative of a city, village, or township who is authorized by its governing body, if both of the following apply:  (a) The proposed drain is necessary for the public health of the city, village, or township.  (b) The city, village, or township will be liable for an assessment at large for a percentage of the cost of the proposed drain. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 2014, Act 551, Imd. Eff. Jan. 15, 2015 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019 Popular Name: Act 40
MI Comp L § 280.102 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106)|Section 280.102 - Intercounty Drainage Districts; Copies; Joint Drainage Board, Meeting, Time, Location, Notice.

280.102 Intercounty drainage districts; copies; joint drainage board, meeting, time, location, notice.Sec. 102.  (1) Within 20 days after an application is filed under section 101, the commissioner shall send a copy of the application by certified mail to the director of the department of agriculture and rural development and the drain commissioner of each county in which lands that will benefit from the drain are located. The drain commissioners of the counties and the director of the department of agriculture and rural development or any deputy designated by the director constitute the drainage board.  (2) The director of the department of agriculture and rural development shall call a meeting of the drainage board. The meeting shall be held not less than 15 and not more than 60 days after the director's receipt of the application under subsection (1). The meeting shall be held in the immediate locality of the proposed drainage district. A notice of the meeting shall be served by the respective drain commissioner on the county clerk and a member of the board of county road commissioners of each county and the supervisor of each township and clerk of each city and village within the proposed drainage district personally or by certified mail at least 10 days before the public meeting. A notice of the meeting shall be published in each county in which lands liable for assessments for the drain are located once a week for 2 consecutive weeks before the meeting in a newspaper of general circulation in the county, if there is such a newspaper. The first publication shall be at least 10 days before the meeting. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019 Popular Name: Act 40
MI Comp L § 280.103 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106)|Section 280.103 - Chairperson of Drainage Board; Disqualification of Member; Determination of Practicability; Survey.

280.103 Chairperson of drainage board; disqualification of member; determination of practicability; survey.Sec. 103.  (1) The director of the department of agriculture and rural development or a deputy selected by the director shall act as chairperson at the meeting of the drainage board under section 102. The drainage board shall consider the application to lay out and designate a drainage district and do all of the following at the meeting:   (a) Determine the sufficiency of the signatures on the application. If the signatures are insufficient, no further action shall be taken on that application.  (b) Consider the route and type of construction of the proposed drain.   (c) Take testimony to determine the practicability of the proposed drain.  (2) If a member of the drainage board would be disqualified under sections 381 and 383 from making an apportionment of benefits, both of the following apply:  (a) The drainage board member is disqualified from participation in the determination of practicability.  (b) A special commissioner shall be appointed pursuant to section 381 to serve as a member of the drainage board to determine practicability.  (3) The owner of any lands that would be liable to assessment for benefits for the proposed drain or would be crossed by the drain or any city, township, or village affected may appear for or against the drain proceedings. If at the meeting or at any subsequent time before the entry of the order designating a drainage district, the drainage board determines that the drainage of the proposed drain area is not practicable, no further action shall be taken on that application within 1 year. If the proposed drain is determined to be practicable, then the drainage board shall cause a survey to be made by a licensed professional surveyor or engineer to ascertain the area that would be benefited by the proposed drain and the route and type of construction of drain or drains most serviceable for that purpose. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019 Popular Name: Act 40
MI Comp L § 280.104 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106)|Section 280.104 - Surveyor; Duties as to Intercounty Drain, Delivery of Papers to Board; Route.

280.104 Surveyor; duties as to intercounty drain, delivery of papers to board; route. Sec. 104.  The surveyor or engineer authorized to make the survey shall ascertain the size and depth of the drains, and shall preserve all minutes with reference thereto. He shall prepare plans, drawings and profiles thereof, together with a computation of the yards of earth to be excavated, and where practicable the leveling of the spoil banks or the amount of tile or pipe to be used and the necessary bridges and culverts or fords to be built in constructing the proposed drains, and his estimate of the cost of such construction. He shall thereupon lay out a proposed drainage district, which district may be described by its boundaries of streets and highways or tracts or parcels of land or by a description of all tracts or parcels of land, including therein all highways, townships, counties, cities and villages which would be benefited by the construction of the proposed drain, all of which he shall deliver to the drainage board. The surveyor or engineer shall not be limited to the route described in the application, but may recommend a route and type of construction for the drains he considers most serviceable for draining the area involved. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1961, Act 212, Imd. Eff. June 6, 1961 Popular Name: Act 40
MI Comp L § 280.122a (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.122a - Judicial Determination of Drain Necessity; Filing of Action.

280.122a Judicial determination of drain necessity; filing of action. Sec. 122a.  Whenever the drain board finds by majority vote of the whole number of members that the drain is or is not necessary, a person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a determination of necessity. The action shall be filed by the person aggrieved within 10 days after the determination of necessity or no necessity by the drain board. History: Add. 1970, Act 112, Imd. Eff. July 23, 1970 Popular Name: Act 40
MI Comp L § 280.123 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.123 - Apportionment of Benefits; Assessment, Correction, Appeal.

280.123 Apportionment of benefits; assessment, correction, appeal.Sec. 123.  (1) After securing the necessary property rights or interests as provided in this act, the drainage board shall determine the percentage of the whole cost of the drain to be apportioned to each county and shall include the determination in the final order of determination. If the drain commissioners cannot agree unanimously on the apportionment between counties, the chairperson shall propose the apportionment. If the drainage board cannot agree unanimously on the apportionment of benefits proposed by the chairperson, the matter shall be submitted to the board of arbitration in the manner prescribed in section 106 and that board's decision is final.  (2) After the apportionment of benefits is made under subsection (1), the commissioner of each county in which any part of the drainage district is located, unless disqualified under section 381, shall apportion the benefits for the construction of the drain to each tract or parcel of land, to any county, township, city, or village, and to any state trunk line highway within the drainage district, in the manner provided in chapter 7. The percentage so apportioned when finally approved shall be assessed against such counties, townships, cities, villages, highways, and lands according to the apportionment of benefits. The apportionment of benefits so made is subject to review and correction and may be appealed as provided in chapter 7. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 646, Eff. Mar. 28, 2019 Popular Name: Act 40
MI Comp L § 280.124 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.124 - Meetings of Drainage Board to Receive Bids and Review Apportionment of Benefits; Notice.

280.124 Meetings of drainage board to receive bids and review apportionment of benefits; notice. Sec. 124.  After such apportionment shall have been made by each of the commissioners, the chairman of the drainage board shall prepare and have printed notice of a meeting to be held at some convenient place, not less than 20 days from the date of such notice, for the purpose of receiving bids for the construction of such drain, and also for the holding of a public meeting not less than 5 nor more than 30 days after the date set for receiving bids, at which a review will be held of the apportionment of benefits made as aforesaid. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.125 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.125 - Meetings of Drainage Board; Review, Appeal, Computation of Costs.

280.125 Meetings of drainage board; review, appeal, computation of costs. Sec. 125.  At such meeting the respective commissioners shall hear the proofs and allegations offered and shall reconsider and review the descriptions of land in that county forming a part of the drainage district, the apportionment of benefits, and define and equalize the same as may seem just and equitable. The persons entitled to appear and offer proof may appeal from such review and the manner of taking such appeal shall be as prescribed in chapter 7 of this act, being sections 151 to 161, inclusive.  Bids shall be received and computation of the total cost of the drain shall be made, as hereinafter provided, before the time set for review of the apportionment, and such computation shall be open to inspection at the time of review. If such computation shall not be completed before the day of review, such review may be adjourned from time to time, not more than 20 days in all for the completion of such computation, or a new hearing may be called with like notice by publication, posting and service at least 10 days before such hearing. If for any reason the contracts on which such computation was based shall not be executed and new contracts shall be let at a higher price, a corrected computation shall be made and a new review held with like notice. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.126 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.126 - Construction of Drain; Receipt of Bids and Letting of Contracts; Abandonment of Petition; Order; Notice.

280.126 Construction of drain; receipt of bids and letting of contracts; abandonment of petition; order; notice. Sec. 126.  At the time and place fixed in said notice, or at an adjourned date, the drainage board shall receive bids and let contracts for the construction of the drain in the manner prescribed in chapter 9, being sections 221 to 223. If no contract shall be let within 5 years after the date of filing the petition to locate, establish and construct the drain, the drainage board may determine that the petition shall be deemed abandoned and no further action shall be taken to construct the drain. Provided, That time during which any litigation shall be pending to contest the validity of such proceedings shall not be counted as a part of such 5-year period. If the drainage board determines the petition shall be abandoned, it shall issue its order to that effect; provided, that such determination of abandonment shall not be issued within the 5 year period. Notice of the order shall be given by publishing a notice in a newspaper of general circulation in each county affected. The provisions of this section shall apply to all petitions which are in full force and effect on the date of January 1, 1973, or thereafter. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1973, Act 16, Imd. Eff. Apr. 30, 1973 Popular Name: Act 40
MI Comp L § 280.127 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.127 - Releases of Right of Way and Damages.

280.127 Releases of right of way and damages. Sec. 127.  Within 60 days next succeeding the entry of the first order of determination the said commissioners shall within their respective counties endeavor to secure from the owner of each parcel or tract of land which would be traversed or damaged by said proposed drain a release of the right of way and all damages on account thereof. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.128 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.128 - Condemnation Proceedings; Obtaining Right-of-Way, Easement, or Other Property Interest.

280.128 Condemnation proceedings; obtaining right-of-way, easement, or other property interest.Sec. 128.  If any person whose lands would be traversed or damaged by a proposed drain has not executed a release of the right-of-way, the drainage district may institute condemnation proceedings to obtain the necessary right-of-way, an easement, or other property interest pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1965, Act 108, Imd. Eff. June 30, 1965 ;-- Am. 2013, Act 262, Imd. Eff. Dec. 30, 2013 Popular Name: Act 40
MI Comp L § 280.129 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.129 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.129 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013. Compiler's Notes: The repealed section pertained to meetings of special commissioners.Popular Name: Act 40
MI Comp L § 280.130 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.130 - Computation of Construction Cost; Certification of Special Assessment Rolls, Filing; Levy and Collection of Taxes.

280.130 Computation of construction cost; certification of special assessment rolls, filing; levy and collection of taxes. Sec. 130.  The commissioners of each county affected shall within the time limited in chapter 11, being sections 261 to 280, inclusive, of this act, and in the manner therein prescribed compute the cost of construction of said drain, prepare and certify the special assessment rolls and file the same with the county drain commissioners. Each and everything necessary to be done in the levy and collection of drain taxes under this chapter shall be done within the time limited and in the manner prescribed in said chapter 11 of this act. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.131 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.131 - Drain Record; Certified Copies Furnished Other Commissioners, Filing.

280.131 Drain record; certified copies furnished other commissioners, filing. Sec. 131.  A full record of such drain shall be made and entered by the several commissioners in the drain record books of their respective counties, and a certified copy of all the papers relative to the construction of such drain shall be delivered to the other commissioners by the commissioner having the original application or petition, which certified copies shall be filed in the office of the county drain commissioner of their respective counties as original papers are required to be filed and with the same force and effect. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.132 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.132 - Drainage Bonds; Issuance; Terms; Deposit of Money; Disposition.

280.132 Drainage bonds; issuance; terms; deposit of money; disposition.Sec. 132.  If it is determined that the assessments shall be collected in more than 2 installments, the drainage board, acting on behalf of the drainage district, may borrow money and may issue bonds in the manner provided for drains lying wholly within 1 county. The bonds shall be signed by the members of the drainage board and shall be countersigned by the clerks of the counties affected. Bonds issued under this chapter shall be payable at the office of the county treasurer of the county to which the larger percentage of the cost of construction is apportioned, and the bonds shall be deposited and safely kept by the treasurer until the bonds are sold and delivered. All installments, including interest, of the special assessments shall be transmitted as collected by the treasurer or treasurers of the other county or counties concerned to the treasurer of the county to which the larger percentage is apportioned, who shall issue his or her receipt and shall deposit the money in the fund of the drain to be disbursed solely for the payment of the bonds at maturity or upon mandatory redemption and the payment of interest on the bonds. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2016, Act 27, Imd. Eff. Mar. 1, 2016 Popular Name: Act 40
MI Comp L § 280.133 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.133 - Interstate Drain; Application and Petition, Drainage District, Proceedings; Release of Right of Way, Obstruction Agreement.

280.133 Interstate drain; application and petition, drainage district, proceedings; release of right of way, obstruction agreement. Sec. 133.  Whenever any proposed drain lies wholly or partly in an adjoining state, or the lands to be drained thereby lie partly in an adjoining state, application to lay out a drainage district and a petition for the construction of such drain may be made to any commissioner representing any county in this state in which any portion of such proposed drain or lands to be affected thereby lie, and the same proceedings shall be had touching the portion of such drain or the lands to be drained or affected thereby, lying within this state as are provided in this chapter in the case of drains and lands lying wholly within this state: Provided, That before any expense shall be incurred in relation to any such proposed drain, a voluntary release of the right of way to construct such portion of such drain as may lie without this state and an agreement to keep the same or permit the same to be kept clear from obstruction shall first be obtained from the parties owning lands outside of this state through which such drain or portion thereof is to pass, and such release and agreement shall be filed with the said drain commissioner and shall form a part of the record of his proceedings in the premises. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40
MI Comp L § 280.134 (2021)
2021 Michigan Compiled Laws|Chapter 280 - Drain Code of 1956|Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)|40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)|Section 280.134 - Intercounty Drain; Venue of Actions; Appointment of Outside Circuit Judge.

280.134 Intercounty drain; venue of actions; appointment of outside circuit judge. Sec. 134.  Any action involving intercounty drains, except such actions as may be brought directly in the supreme court, may be brought in the circuit court of any county in which any part of the intercounty drain is located: Provided, That on request by any party to said action made prior to the time said action is instituted, or within 30 days after receipt of process, the presiding circuit judge of Michigan shall appoint a circuit judge of any judicial circuit not wholly or partially located within any county in which any part of the intercounty drain is located to hear said action. History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 Popular Name: Act 40