reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-12. - Chapter 12. Revolving Funds for Drains. (280.301...280.307) › Section 280.307 - Revolving Fund; Expenditures or Obligation Before Completion of Improvement; Intercounty Drainage District, Apportionment; Recovery of Money.

280.307 Revolving fund; expenditures or obligation before completion of improvement; intercounty drainage district, apportionment; recovery of money.
Sec. 307.
(1) The drainage board shall apportion the cost between counties if revolving fund money has been expended or a drainage district is obligated to pay expenses for engineering, legal, or administrative services or to pay principal and interest on notes and if any of the following apply:
(a) An improvement has not been completed within the latest of the following:
(i) 5 years after the date of the drainage board's order designating an intercounty drainage district under section 105.
(ii) 5 years after the entry of the first order of determination under section 122.
(iii) 2 years after the filing of a petition, if a petition has been filed and ordered abandoned.
(b) A petition to locate, establish, and construct an intercounty drain is not filed within 2 years after the date of the drainage board's order designating an intercounty drainage district.
(2) If requested by a drain commissioner feeling aggrieved by the apportionment, the board of review shall review the apportionment under section 106. The amount apportioned to each county by the board of review shall be recovered by the county as provided in section 306.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2016, Act 115, Imd. Eff. May 10, 2016 ;-- Am. 2018, Act 646, Eff. Mar. 28, 2019
Popular Name:
Act 40
2023 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 280.321 - Drains in Public Highways; Permit; Release of Right of Way.

280.321 Drains in public highways; permit; release of right of way.
Sec. 321.
Drains may be laid within or across the right of way of any highway, provided it shall be necessary for the county drain commissioner to obtain first a permit from the highway authority having jurisdiction. If title in fee simple be not in the highway authority, said commissioner shall also obtain a release of right of way for the purposes of such drain from the owner of the land, as provided in sections 73, 74 and 75 of this act.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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