reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XV - Chapter XV Drains (235.1...235.8a) › Section 235.5 - Drain Across Adjacent Land; Acquisition of Right-of-Way, Approval of Board, Deed.

235.5 Drain across adjacent land; acquisition of right-of-way, approval of board, deed.
Sec. 5.
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 highway commissioner of the township 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 not otherwise appropriated, and such sums as may be voted for that use by the electors of the township. The highway commissioner 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 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.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4514 ;-- CL 1929, 4143 ;-- CL 1948, 235.5
Former Law:
See section 1 of Act 56 of 1903; and Act 23 of 1905.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XV - Chapter XV Drains (235.1...235.8a) › Section 235.6 - Report to Township Electors; Contents; Highway Drain Fund, Use of Surplus.

235.6 Report to township electors; contents; highway drain fund, use of surplus.
Sec. 6.
The highway commissioner 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. He shall also recommend the raising of such sums as he 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:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4515 ;-- CL 1929, 4144 ;-- CL 1948, 235.6
Former Law:
See section 2 of Act 56 of 1903.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XV - Chapter XV Drains (235.1...235.8a) › Section 235.7 - Report on Construction; Contents, Filing; Powers Limited to Highway Drainage.

235.7 Report on construction; contents, filing; powers limited to highway drainage.
Sec. 7.
On the completion by the highway commissioner of any drain constructed under the provisions of this act, it shall be the duty of said highway commissioner to file in the office of the county 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 highway commissioners power to lay out and construct drains having any other purpose than the drainage of highways.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4516 ;-- CL 1929, 4145 ;-- CL 1948, 235.7
Former Law:
See section 3 of Act 56 of 1903.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XV - Chapter XV Drains (235.1...235.8a) › Section 235.8 - Failure to Secure Right-of-Way; Application to Drain Commissioner, Procedure; Jurisdiction.

235.8 Failure to secure right-of-way; application to drain commissioner, procedure; jurisdiction.
Sec. 8.
In case the highway commissioner cannot secure the right of way across adjacent lands for the construction of any drain by agreement with the owner or owners of the land through which it will pass, he may make under his name of office an application to the drain commissioner of the county in which the proposed drain is situated, to lay out and establish the said drain. Such application shall conform to the law regulating applications for the construction of drains, and shall require no other signature than his own as highway commissioner. Such application shall have the same force and effect and be subject in other respects to the same laws and regulations that govern other applications for the establishment of drains, and shall confer jurisdiction and authority on the county drain commissioner to lay out and establish such drain under and by virtue and in pursuance of the law governing the location and establishment of other drains. It shall not be necessary to submit to the township board or boards of the township or townships crossed or affected by such drain the question of the necessity thereof or whether the same shall be conducive to health, convenience and welfare.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4517 ;-- Am. 1921, Act 354, Eff. Aug. 18, 1921 ;-- CL 1929, 4146 ;-- CL 1948, 235.8
Former Law:
See section 4 of Act 56 of 1903.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XV - Chapter XV Drains (235.1...235.8a) › Section 235.8a - Detour Roads; Expense.

235.8a Detour roads; expense.
Sec. 8a.
In case it shall be deemed necessary by the state highway commissioner or by the county road commissioners of any county where such drain or other public improvement is under construction to lay out and maintain a detour road for the safety and convenience of public travel, it shall be lawful, except in cities, that the full cost therefor shall be borne as part of the main project whether it be a drain, a road or a highway project.
History:
Add. 1921, Act 354, Eff. Aug. 18, 1921 ;-- CL 1929, 4147 ;-- CL 1948, 235.8a
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XVI - Chapter XVI Powers and Duties of Boards of Supervisors (236.1...236.11) › Section 236.1-236.11 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

236.1-236.11 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XVIII - Chapter XVIII Highway Orders (238.1...238.4) › Section 238.1-238.4 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

238.1-238.4 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XIX - Chapter XIX Culverts, or Cattle-Passes and Hedges (239.1...239.6) › Section 239.1 - Culverts or Cattle-Passes; Construction, Permission, Cost.

239.1 Culverts or cattle-passes; construction, permission, cost.
Sec. 1.
It shall be lawful for all persons owning land on opposite sides of any public highway to construct culverts or cattle-passes under such highways: Provided, That formal application is made to, and permission obtained from the commissioner of highways of the township in which said land is situated, for such construction: Provided further, That such construction and maintenance shall be wholly at the expense of such applicant, his heirs and assigns.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4560 ;-- CL 1929, 4195 ;-- CL 1948, 239.1
Former Law:
See section 1 of Act 16 of 1883, being How., § 1455a; CL 1897, § 4220.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XIX - Chapter XIX Culverts, or Cattle-Passes and Hedges (239.1...239.6) › Section 239.2 - Culverts or Cattle-Passes; Material of Construction.

239.2 Culverts or cattle-passes; material of construction.
Sec. 2.
Such culverts or cattle-passes, when constructed, shall be of such material and according to such plan as the commissioner of highways shall direct.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4561 ;-- CL 1929, 4196 ;-- CL 1948, 239.2
Former Law:
See section 2 of Act 16 of 1883, being How., § 1455b; CL 1897, § 4221.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XIX - Chapter XIX Culverts, or Cattle-Passes and Hedges (239.1...239.6) › Section 239.3 - Culverts or Cattle-Passes; Failure to Repair, Removal, Cost.

239.3 Culverts or cattle-passes; failure to repair, removal, cost.
Sec. 3.
In case any such applicant, heirs or assigns shall fail to keep his culvert or cattle-pass already constructed, or hereafter to be constructed, in good repair, it shall be the duty of such highway commissioner to remove such culvert or cattle-pass from such highway at the expense of such applicant, or owner, heirs or assigns, such expense to be collected by suit in the name of such commissioner of highways in an action of trespass on the case before any justice of the peace of such township.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4562 ;-- CL 1929, 4197 ;-- CL 1948, 239.3
Former Law:
See section 3 of Act 16 of 1883, being How., § 1455c; CL 1897, § 4222.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XIX - Chapter XIX Culverts, or Cattle-Passes and Hedges (239.1...239.6) › Section 239.4 - Culverts or Cattle-Passes; Record.

239.4 Culverts or cattle-passes; record.
Sec. 4.
A record of such culverts or cattle-passes, and of all proceedings relating thereto, shall be kept in the manner substantially as is provided for the record of private roads.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4563 ;-- CL 1929, 4198 ;-- CL 1948, 239.4
Former Law:
See section 4 of Act 16 of 1883, being How., § 1455d; CL 1897, § 4223.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XIX - Chapter XIX Culverts, or Cattle-Passes and Hedges (239.1...239.6) › Section 239.5 - Hedges; Care, Removal of Brush; Cities Excepted.

239.5 Hedges; care, removal of brush; cities excepted.
Sec. 5.
It shall be the duty of every owner, occupant or person having charge of lands in this state, to cut or trim, or cause to be cut or trimmed, to a height not exceeding 4 1/2 feet and a width not exceeding 3 feet, all hedges or hedge rows along or on the public highway or adjacent thereto in each and every year, except such hedges as shall have been set out for the protection of fruit trees and nursery stock. Trimmings or brush from such hedge rows shall not be left lying within the limits of the highway, but shall be forthwith removed: Provided, That this section shall not apply to streets or highways within incorporated cities.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 24, Eff. Aug. 1, 1911 ;-- CL 1915, 4564 ;-- CL 1929, 4199 ;-- CL 1948, 239.5
Former Law:
See section 1 of Act 166 of 1907.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XIX - Chapter XIX Culverts, or Cattle-Passes and Hedges (239.1...239.6) › Section 239.6 - Hedges; Penalty for Neglect.

239.6 Hedges; penalty for neglect.
Sec. 6.
Any owner, occupant or person having charge of lands who shall fail to comply with the provisions of this act, on conviction before a court of competent jurisdiction, shall be punished by a fine not more than 10 dollars, together with the cost of prosecution, and in default of payment of the same shall be imprisoned in the county jail of the county where the land is situated, for a period not exceeding 20 days.
History:
1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4565 ;-- CL 1929, 4200 ;-- CL 1948, 239.6
Former Law:
See section 2 of Act 166 of 1907.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XX - Chapter XX State Roads (240.1...240.5) › Section 240.1-240.5 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

240.1-240.5 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XXI - Chapter XXI Sidewalks (241.1...241.13) › Section 241.1-241.13 - Repealed. 1949, Act 300, Eff. Sept. 23, 1949;—1958, Act 77, Eff. Sept. 13, 1958.

241.1-241.13 Repealed. 1949, Act 300, Eff. Sept. 23, 1949;—1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XXII - Chapter XXII Recovery of Damages (242.1...242.8) › Section 242.1-242.8 - Repealed. 1964, Act 170, Eff. July 1, 1965.

242.1-242.8 Repealed. 1964, Act 170, Eff. July 1, 1965.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XXIII - Chapter XXIII Law of the Road (243.1...243.9) › Section 243.1-243.9 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

243.1-243.9 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapters 220 - 244 - General Highway Law › Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10) › 283-1909-XXIV - Chapter XXIV Noxious Weeds (244.1...244.10) › Section 244.1-244.10 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

244.1-244.10 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Repealed - Act 130 of 1931 - Consolidation of Township and County Road Systems (247.1 - 247.13)

CONSOLIDATION OF TOWNSHIP AND COUNTY ROAD SYSTEMS
Act 130 of 1931
247.1-247.13 Repealed. 1951, Act 51, Eff. June 1, 1951.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Repealed - Act 1 of 1937 (Ex. Sess.) - Snow Removal on County Roads (247.21 - 247.25)

SNOW REMOVAL ON COUNTY ROADS
Act 1 of 1937 (Ex. Sess.)
247.21-247.25 Repealed. 1951, Act 51, Eff. June 1, 1951.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Repealed - Act 174 of 1921 - Waterways on Overflowed Lands (247.31 - 247.33)

WATERWAYS ON OVERFLOWED LANDS
Act 174 of 1921
247.31-247.33 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 341 of 1927 - Discontinuation of Highway Bordering Lake or Stream (247.41 - 247.46) › Section 247.41 - Highway Bordering on Lake or Stream; Abandonment, Discontinuation, Alteration, or Vacation.

247.41 Highway bordering on lake or stream; abandonment, discontinuation, alteration, or vacation.
Sec. 1.
A public highway or a portion of a public highway that borders upon, crosses, is adjacent to, or ends at a lake, or the general course of a stream, shall not be abandoned, discontinued, vacated, or have its course altered resulting in a loss of public access by the order or action of an official or officials of a city or village in this state, until an order authorizing the abandonment, discontinuation, alteration, or vacation is made by the circuit court for the county in which the highway is situated in the manner provided in this act.
History:
1927, Act 341, Eff. Sept. 5, 1927 ;-- CL 1929, 3950 ;-- CL 1948, 247.41 ;-- Am. 1996, Act 217, Imd. Eff. May 28, 1996
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 341 of 1927 - Discontinuation of Highway Bordering Lake or Stream (247.41 - 247.46) › Section 247.42 - Highway Bordering on Lake or Stream; Application Signed by Landowners.

247.42 Highway bordering on lake or stream; application signed by landowners.
Sec. 2.
If the official or officials having jurisdiction over the highways of a village or city in this state desire to abandon, discontinue, vacate, or alter the course of a public highway referred to in section 1, and the abandonment, discontinuation, vacation, or alteration will result in the loss of public access, before any action is taken by the public official or officials of a village or city, an application signed by not less than 21 landowners of the village or city in which the highway is situated, shall be made to the circuit court for the county in which the highway is located, setting forth the particular circumstances of the case, an accurate description of the highway proposed to be abandoned, discontinued, vacated, or altered, together with the reasons for the proposed abandonment, discontinuation, vacation, or alteration. The application shall be substantiated by oath by 5 or more of the persons signing the application.
History:
1927, Act 341, Eff. Sept. 5, 1927 ;-- CL 1929, 3951 ;-- CL 1948, 247.42 ;-- Am. 1996, Act 217, Imd. Eff. May 28, 1996
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 341 of 1927 - Discontinuation of Highway Bordering Lake or Stream (247.41 - 247.46) › Section 247.43 - Highway Bordering on Lake or Stream; Hearing; Notice; Publication; Posting; Service.

247.43 Highway bordering on lake or stream; hearing; notice; publication; posting; service.
Sec. 3.
Upon the filing of an application required by section 2, the presiding circuit judge shall schedule a hearing on the application not later than 60 days from the date the application is filed. Notice of the application and the time of hearing on the application shall be published once each week for 3 successive weeks, in a newspaper printed and circulated in the county, unless an affidavit is filed in the case that no such newspaper is published in the county. The notice shall contain an accurate description of the highway described in the application and a brief recital of the reasons for its abandonment, discontinuance, vacation, or alteration. A copy of the notice shall also be posted in 3 of the most public places in the city or village in which the highway is situated, at least 20 days before the date of the hearing on the application. A copy of the notice shall be sent by first-class mail to the owners of record title of each parcel of land located within 300 feet of the highway described in the application and to those persons of record claiming under those owners at their local address and the address appearing on the assessment roll, if different, and to the chief executive officer of the city or village in which the highway is situated, the state transportation department, the department of natural resources, and, if applicable, the township in which the highway is situated at least 30 days before the date fixed for the hearing on the application. The department of natural resources and, if applicable, the township shall review the application to determine whether the property should be retained as an ingress and egress point. Proof by affidavit of the required publication, posting, and mailing shall be filed with the court before the date of hearing.
History:
1927, Act 341, Eff. Sept. 5, 1927 ;-- CL 1929, 3952 ;-- Am. 1931, Act 40, Eff. Sept. 18, 1931 ;-- CL 1948, 247.43 ;-- Am. 1996, Act 217, Imd. Eff. May 28, 1996
Compiler's Notes:
For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 341 of 1927 - Discontinuation of Highway Bordering Lake or Stream (247.41 - 247.46) › Section 247.45 - Highway Bordering on Lake or Stream; Appeal.

247.45 Highway bordering on lake or stream; appeal.
Sec. 5.
The proceedings required by section 4 are subject to appeal by a taxpayer of the village or city in which the highway is situated. Notice of a claim for appeal shall be served upon the parties to the action including the chief executive officer of the city or village in which the highway is situated, within 10 days after the date of the entry of the order. Further proceedings on the appeal shall be in the same manner as provided by law for appeal of judgments of the circuit court.
History:
1927, Act 341, Eff. Sept. 5, 1927 ;-- CL 1929, 3954 ;-- CL 1948, 247.45 ;-- Am. 1996, Act 217, Imd. Eff. May 28, 1996
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 341 of 1927 - Discontinuation of Highway Bordering Lake or Stream (247.41 - 247.46) › Section 247.46 - “Adjacent” and “Highway” Defined.

247.46 “Adjacent” and “highway” defined.
Sec. 6.
As used in this act:
(a) "Adjacent" includes any highway, or portion of a highway, lying within 5 rods of the shore of any lake or the general course of any stream.
(b) "Highway" includes, where applicable, local roads or streets.
History:
1927, Act 341, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 204, Eff. Aug. 28, 1929 ;-- CL 1929, 3955 ;-- CL 1948, 247.46 ;-- Am. 1996, Act 217, Imd. Eff. May 28, 1996
2023 Michigan Compiled Laws › Chapter 247 - Highways › Repealed - Act 184 of 1917 - Noxious Weeds, Wild Grass, or Foul Seeds (247.51 - 247.52)

NOXIOUS WEEDS, WILD GRASS, OR FOUL SEEDS
Act 184 of 1917
247.51,247.52 Repealed. 1980, Act 180, Imd. Eff. July 2, 1980.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.61 - Commissioner of Noxious Weeds; Appointment, Term, Removal, Report.

247.61 Commissioner of noxious weeds; appointment, term, removal, report.
Sec. 1.
The governing body of any city, village or township may appoint a competent person to be the commissioner of noxious weeds who shall take the oath required of township, city or village officers, and shall hold office for the term of 2 years and until a successor is appointed and qualified, and he shall receive for his compensation such sum as may be fixed by the appointing body. The body so appointing may, at any time, for good cause remove such commissioner from office and appoint his successor to serve the remaining portion of his term. The appointing body shall report the name and address of the person so appointed to the state department of agriculture within 10 days after making such appointment.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.61 ;-- Am. 1962, Act 10, Eff. Mar. 28, 1963
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.62 - Noxious Weeds; Definition.

247.62 Noxious weeds; definition.
Sec. 2.
For the purpose of this act, "noxious weeds" includes Canada thistle (Cirsium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard, and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), giant hogweed (Heracleum mantegazzianum), ragweed (Ambrosia elatior l.), and poison ivy (Rhus toxicodendron), poison sumac (Toxicodendron vernix), or other plant which in the opinion of the governing body of any county, city, township, or village coming under the provisions of this act is regarded as a common nuisance.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- Am. 1947, Act 114, Eff. Oct. 11, 1947 ;-- CL 1948, 247.62 ;-- Am. 2010, Act 358, Imd. Eff. Dec. 22, 2010
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.63 - Noxious Weeds; Eradication; Duty of Commissioner.

247.63 Noxious weeds; eradication; duty of commissioner.
Sec. 3.
The commissioner of noxious weeds shall diligently inquire concerning the introduction and existence of noxious weeds in his township, city or village and if any are found growing therein, he shall take charge of all such growing and take care that they do not go to seed or otherwise spread, or become a detriment to the public health, and he shall carefully seek and learn, so far as practicable, the best methods of their destruction, and he shall persistently apply in proper time such remedy or treatment as shall be best calculated to prevent their spread and to eradicate the same.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- Am. 1947, Act 114, Eff. Oct. 11, 1947 ;-- CL 1948, 247.63
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.64a - Cutting of Weeds by Township, City, or Village; Publication of Notice; Charging Cost to Owner; Provisions Inapplicable to Railroads.

247.64a Cutting of weeds by township, city, or village; publication of notice; charging cost to owner; provisions inapplicable to railroads.
Sec. 4a.
(1) Instead of the notice required by section 4, the township, city, or village may publish a notice in a newspaper of general circulation in the county during the month of March that weeds not cut by May 1 of that year may be cut by the township, village, or city and the owner of the property charged with the cost under the provisions of section 4. The publication shall also contain all other information required of the notice provided for in section 4. The township, city, or village may cut weeds as many times as is necessary and charge the cost to the property owner.
(2) The provisions of this act relative to entering on property for the cutting of weeds shall not apply to railroads which shall continue to be subject to the provisions of section 11.
History:
Add. 1969, Act 172, Eff. Mar. 20, 1970 ;-- Am. 1987, Act 210, Imd. Eff. Dec. 22, 1987
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.65 - Noxious Weeds; Means of Eradication; Limitation of Expense.

247.65 Noxious weeds; means of eradication; limitation of expense.
Sec. 5.
The commissioner shall apply the best known means, and use the utmost diligence, in eradicating noxious weeds; but he shall not have power to expend in work or materials more than $25.00 on any 1 infested tract, without the advice and consent, in writing, of the supervisor of the township.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.65
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.66 - Noxious Weeds; Prosecution of Violators of Act.

247.66 Noxious weeds; prosecution of violators of act.
Sec. 6.
It shall be the duty of the commissioner to prosecute or complain to the proper authorities of any person or corporation who may violate any law now existing, or which may hereafter be passed, on the subject of noxious weeds.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.66
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.67 - Commissioner; Annual Report, Contents.

247.67 Commissioner; annual report, contents.
Sec. 7.
The commissioner shall, annually, before the first day of December, make a written report to the department of agriculture and to the body by whom he was appointed, as the case may be. Said report shall be made out upon blank forms furnished by the department of agriculture and shall contain such information with reference to the existence and growth of noxious weeds as said department may require.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.67
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.68 - Department of Agriculture; Duty to Enforce Law; Cooperation With Commissioners.

247.68 Department of agriculture; duty to enforce law; cooperation with commissioners.
Sec. 8.
The department of agriculture is authorized and it shall be its duty to assist in the enforcement of this law. The department shall cooperate with the various commissioners of noxious weeds in carrying out the provisions of this act and shall advise them from time to time of the most effective methods of treating and eradicating noxious weeds.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.68
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.69 - Board of Supervisors; Auditing Accounts of Commissioner; Payment.

247.69 Board of supervisors; auditing accounts of commissioner; payment.
Sec. 9.
The board of supervisors or other official body appointing any commissioner shall audit the accounts of the commissioner, both for his services and for the money expended or labor employed by him; and they shall provide for their payment as they now do for other county or municipal expenses.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.69
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.70 - County Board of Commissioners; Appropriation; Powers; Penalties; Jurisdiction.

247.70 County board of commissioners; appropriation; powers; penalties; jurisdiction.
Sec. 10.
(1) The county board of commissioners may make an appropriation from the county treasury to aid in destroying the noxious weeds in a town or precinct of the county. The board of commissioners may assume control over the noxious weeds in all or part of the county. The county board of commissioners may adopt a noxious weed ordinance that it considers necessary. For each violation of the ordinance, the ordinance may do either of the following:
(a) Impose as a penalty for the violation a fine not exceeding $100.00.
(b) Designate the violation as a municipal civil infraction and impose a civil fine for the violation.
(2) The action for imposition of the fine shall be commenced in the name and for the use of the proper county, before the district or municipal court of the judicial district or municipality in which the weeds are located. If the board of commissioners assumes control, its jurisdiction is superior to that of the commissioner of noxious weeds so long as the board of commissioners exercises that control.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.70 ;-- Am. 1990, Act 218, Imd. Eff. Oct. 8, 1990 ;-- Am. 1994, Act 26, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.71 - Railroads; Failure to Comply, Penalty.

247.71 Railroads; failure to comply, penalty.
Sec. 11.
If any company, association or person owning, controlling or operating a railroad shall refuse or neglect to dig up and destroy, or take other certain means of exterminating noxious weeds that may at any time be growing upon the right of way or other lands of such roads, or appertaining thereto, they shall be fined for each offense not less than $50.00 nor more than $200.00.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.71
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 359 of 1941 - Noxious Weeds (247.61 - 247.72) › Section 247.72 - Highways; Noxious Weeds; Duty of Officials to Prevent Growth.

247.72 Highways; noxious weeds; duty of officials to prevent growth.
Sec. 12.
It shall be the duty of the state highway commissioner to prevent all noxious weeds as defined in this act from growing within the right of way of any highways under his jurisdiction. It shall be the duty of each county road commission to prevent all noxious weeds as defined in this act from growing within the right of way of any highways under their jurisdiction.
History:
1941, Act 359, Eff. Jan. 10, 1942 ;-- CL 1948, 247.72
2023 Michigan Compiled Laws › Chapter 247 - Highways › Repealed - Act 227 of 1933 - Abolition of Board of County Road Commissioners (247.101 - 247.103)

ABOLITION OF BOARD OF COUNTY ROAD COMMISSIONERS
Act 227 of 1933
247.101-247.103 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Repealed - Act 217 of 1925 - Highway Expenditures in Platted Portion of Unincorporated Villages (247.111 - 247.111)

HIGHWAY EXPENDITURES IN PLATTED PORTION OF UNINCORPORATED VILLAGES
Act 217 of 1925
247.111 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 253 of 1917 - Transfers From General Fund to County Road Fund (247.121 - 247.121) › Section 247.121 - Transfer of Surplus Funds.

247.121 Transfer of surplus funds.
Sec. 1.
If a county operating under the county road system of this state has a surplus in the general fund, the board of commissioners of that county may, by resolution, direct the transfer of a part of that surplus from the general fund to the county road fund, to be used for the construction, maintenance, and repair of highways under the supervision and direction of the board of county road commissioners.
History:
1917, Act 253, Eff. Aug. 10, 1917 ;-- CL 1929, 4005 ;-- CL 1948, 247.121 ;-- Am. 2011, Act 119, Imd. Eff. July 20, 2011
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.171 - Encroachments; Removal Order, Service; Temporary Permit.

247.171 Encroachments; removal order, service; temporary permit.
Sec. 1.
In every case where a public highway has been or shall be encroached upon by any fence, building, or other encroachment, the commissioner or commissioners having jurisdiction over the road may make an order under his or their hand requiring the owner or occupant of the land through or by which such highway runs, and of which such fence, building, or other encroachment forms a part of the enclosure, to remove such encroachment from such highway within 30 days. A copy of such order shall be served upon such owner or occupant, and every such order shall specify the width of the road, the nature of the encroachment and its location with relation to the center line of the road, and the township, section and fraction thereof in which it may be: Provided, The commissioner or commissioners having the matter in charge may issue temporary permits for fences for the protection of improvements on the adjacent land.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4041 ;-- CL 1948, 247.171
Former Law:
See section 1 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4401.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.171a - Rights-of-Way, Bridges, Towers, and Welcome Centers; Use to Provide Travel-Related Information Through Electronic Technologies.

247.171a Rights-of-way, bridges, towers, and welcome centers; use to provide travel-related information through electronic technologies.
Sec. 1a.
This act does not prohibit the use of rights-of-way, bridges, towers, welcome centers, and rest stops to provide through the use of electronic technologies, including electronic kiosks, travel-related information or assistance and advance traffic information systems.
History:
Add. 2002, Act 151, Imd. Eff. Apr. 8, 2002
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.172 - Encroachments; Removal by Commissioner, Penalty, Expense Charged to Occupant, Collection by Tax; Limitation.

247.172 Encroachments; removal by commissioner, penalty, expense charged to occupant, collection by tax; limitation.
Sec. 2.
If such encroachment shall not be removed within 30 days after the service of a copy of such order, such owner or occupant shall forfeit the sum of 1 dollar for every day after the expiration of that time during which such encroachment shall continue unremoved, to be recovered in an action of trespass before any justice of the peace of the township, or of an adjoining township in the same county, and the commissioner or commissioners may proceed to remove such encroachment in such manner as to cause the least damage to the property or loss to the owner, and the person at fault shall be liable for the costs and expenses of such removal. The highway commissioner or commissioners shall keep an accurate account of the expenses incurred by him or them in carrying out the provisions hereof and shall present a full and complete statement thereof, verified by oath, together with a full and legal description of the lands entered upon, to the occupants of such lands, requiring the said occupant to pay the amount therein set forth; and in case such owner or occupant shall refuse or neglect to pay the same within 30 days after such notice and demand, the highway commissioner or commissioners shall present a duly verified copy of said statement to the township clerk of the township in which such expense was incurred, and thereupon the amount of all such costs and expenditures shall be certified to the supervisor and shall be assessed and levied on the lands described in the statement of the commissioner or commissioners, and shall be collected in the same manner as other taxes are collected, but no person shall be required to remove any fence under the provisions of this section between the first day of May and the first day of September unless such fence shall have been made within 3 months next before the making of the order for the removal thereof, or interferes with the construction, improvement or maintenance of the road.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4042 ;-- CL 1948, 247.172
Former Law:
See section 2 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4402.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.173 - Encroachments; Denied, Notice to Commissioner; Trespass Action.

247.173 Encroachments; denied, notice to commissioner; trespass action.
Sec. 3.
If the person upon whom the copy of such order shall be served at any time before the expiration of said 30 days, by a written notice served upon the commissioner or commissioners, deny such encroachment either in whole or in part, or shall deny the existence of a highway where such encroachment is claimed to exist, the commissioner or commissioners, instead of proceeding to remove such encroachment, shall commence an action of trespass against the person upon whom the copy of such order was served, as hereinafter provided.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4043 ;-- CL 1948, 247.173
Former Law:
See section 2 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4402.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.174 - Trespass Action; Brought by Commissioner.

247.174 Trespass action; brought by commissioner.
Sec. 4.
Such action shall be brought by the commissioner or commissioners in his or their name of office, claiming nominal damages only in the sum of 6 cents, before any justice of the peace of the township, or of any adjoining township in the same county. The summons in such action may be in the same form, and shall be issued and served, and a jury shall be impaneled when demanded, and all proceedings had as near as may be, as in cases of personal actions of trespass, and full costs shall be taxed by the justice and paid by the losing party, except that if the commissioner or commissioners demand a jury he or they shall not be required to advance the jury fee.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4044 ;-- CL 1948, 247.174
Former Law:
See sections 3 and 4 of Ch. 7 of Act 283 of 1909, being CL 1915, §§ 4403 and 4404.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.175 - Trespass Action; Pleadings and Trial.

247.175 Trespass action; pleadings and trial.
Sec. 5.
The declaration in such action shall follow the order required by section 1 of this chapter, in describing such encroachment. The defendant may plead denying the encroachment in whole or in part, and may also deny the existence of a highway where such encroachment is claimed to be, but otherwise the legal existence of the highway shall not be questioned on the trial, and the fact of such encroachment, and where the true line of the highway is, shall only be tried.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4045 ;-- CL 1948, 247.175
Former Law:
See section 3 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4403.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.176 - Trespass Action; Trial and Verdict.

247.176 Trespass action; trial and verdict.
Sec. 6.
The trial of said action may be adjourned for not to exceed 10 days. The jury shall specify in their verdict, if they find the defendant guilty of causing or maintaining the encroachment as charged, and the extent thereof, and if the existence of the highway has been denied, they shall also specify, if they find a highway to exist, whether it be such by public use or by having been regularly laid out and established as a public highway. In the trial of any cause involving the existence of any highway, the burden of proof shall be upon the contestants to show that the same has not been regularly laid out and established as a public highway, or has not become such by public use.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4046 ;-- CL 1948, 247.176
Former Law:
See section 4 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4404.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.177 - Trespass Action; Trial and Appeal.

247.177 Trespass action; trial and appeal.
Sec. 7.
Either party may appeal to the circuit court of the proper county in the same manner that appeals are taken from justices' courts in other cases, but in case of an appeal taken by the commissioner or commissioners, he or they shall not be required to pay the costs or furnish an appeal bond. In case of such appeal, trial shall be had on the issue joined in the justice court, and in case of a judgment in any court against the commissioner or commissioners no execution shall issue, but the judgment shall be certified to the proper supervisor and the amount thereof assessed and collected as in case of judgments against townships and counties.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4047 ;-- CL 1948, 247.177
Former Law:
See section 5 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4405.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.178 - Encroachment; Removal by Commissioner; Penalty on Owner or Occupant for Neglect.

247.178 Encroachment; removal by commissioner; penalty on owner or occupant for neglect.
Sec. 8.
In all cases of final judgment against any person for causing or maintaining an encroachment, the commissioner or commissioners may proceed to remove the same within 10 days after such judgment, in the same manner that he may do under section 2 of this chapter, where the encroachment or the existence of the highway is not denied, and the penalty prescribed in section 2 shall attach and continue from and after the expiration of the 30 days mentioned therein, until such encroachment be removed.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4048 ;-- CL 1948, 247.178
Former Law:
See section 6 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4406.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.179 - Encroachment; Removal, Interference, Penalty.

247.179 Encroachment; removal, interference, penalty.
Sec. 9.
In all cases of final judgment against any person or persons for causing or maintaining an encroachment or obstruction upon a highway, if such person shall, subsequent to such final judgment, by force or otherwise, interfere with any commissioner or commissioners in the performance of his or their duties under this chapter, or if such person shall replace or cause to be replaced any of the encroachments or obstructions which had been removed, or in any way interfere with the said highway, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding 100 dollars, or by imprisonment in the county jail not exceeding 3 months, or by both such fine and imprisonment, in the discretion of the court.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4049 ;-- CL 1948, 247.179
Former Law:
See section 6 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4406.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.180 - Loose Obstructions, Logs, or Wood; Notice to Remove; Removal; Removal by Commissioner, Sale; Proceeds, Disposition.

247.180 Loose obstructions, logs, or wood; notice to remove; removal; removal by commissioner, sale; proceeds, disposition.
Sec. 10.
In case any saw logs, cordwood, or other loose obstruction shall be upon any highway, the commissioner or commissioners may notify the owner, if known, to remove the same within 2 days, and if not so removed, or the owner is unknown, the commissioner or commissioners may remove such obstruction to some convenient place, and if it has a value he or they shall hold it for 30 days subject to the order of the owner upon payment of the necessary expenses of removal, after which time he or they may sell the property removed, and such sale, notice of sale and application of the proceeds thereof shall be the same as is now required by law of constables' sale under execution, and the expense of removal, care of property and sale shall be deducted from the proceeds of sale, and the balance paid to the owner of such property, or deposited with the township clerk to be by him paid to the owner.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4050 ;-- CL 1948, 247.180
Former Law:
See section 11 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4411.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191) › Section 247.181 - Loose Obstructions, Logs, or Wood; No Value, Compensation for Removing.

247.181 Loose obstructions, logs, or wood; no value, compensation for removing.
Sec. 11.
In case the article or thing have no value or is not of sufficient value to pay for the removal, the commissioner or commissioners shall be entitled to compensation for the expense of removing it, and the expense of removal may be recovered from the owner in the name of the commissioner or commissioners in an action of assumpsit, or the same may be assessed upon any property of such owner and collected in the same manner as is provided in section 2 hereof.
History:
1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4051 ;-- CL 1948, 247.181
Former Law:
See section 11 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4411.