reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.801 - Airport Authority; Formation, Charter; Population Specifications.

259.801 Airport authority; formation, charter; population specifications.
Sec. 1.
Within 90 days of the effective date of this act, counties, any portion of whose boundaries are within 10 miles of any state-owned airport and any city located within the boundaries of any such counties and having a population of over 100,000, by a resolution passed by each of their legislative bodies by a majority of the entire membership of each board or council voting separately shall join to form an airport authority, hereafter referred to as the "authority". The authority shall be deemed to be a charter authority within the meaning of section 6 of article 9 of the state constitution.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.802 - Airport Authority Board; Number, Appointment, and Qualifications of Members.

259.802 Airport authority board; number, appointment, and qualifications of members.
Sec. 2.
The authority shall be directed and governed by an airport authority board. The airport authority board shall consist of 3 members from each city designated in section 1, appointed by the mayor with the advice and consent of the city council; 3 members from the balance of each county having a city with a population over 100,000 located primarily within its boundaries, appointed by a majority of the county board of commissioners; and 2 members from each other county comprising the authority, appointed by their respective legislative bodies by a majority of the full membership of the appointing legislative body. A board member shall be an elector of his or her respective appointing city or county and may be a member of the appointing legislative body.
History:
1970, Act 73, Imd. Eff. July 16, 1970 ;-- Am. 1982, Act 271, Imd. Eff. Oct. 5, 1982 ;-- Am. 1998, Act 214, Imd. Eff. July 1, 1998
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.803 - Airport Authority Board; Members, Term, Vacancy.

259.803 Airport authority board; members, term, vacancy.
Sec. 3.
Of the county members first appointed, 1 member shall be appointed for 4 years and 1 member for 3 years. Of the city members, 1 shall be appointed for 2 years, 1 for 3 years and 1 for 4 years. After the initial appointments expire all members shall be appointed for 4 years. All members appointed shall serve until they are reappointed or a successor named at the end of their term. If a member is unable to complete his term of office, a successor shall be appointed in the same manner as the original appointment to complete the term. In the case of the appointment of a successor, he shall serve until another is appointed or he is reappointed.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.804 - Airport Authority Board; Removal of Member.

259.804 Airport authority board; removal of member.
Sec. 4.
The legislative body of a county or the city council appointing members to the board may remove any member appointed by it by a 3/4 vote of its full membership.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.805 - Additional Counties Joining Authority.

259.805 Additional counties joining authority.
Sec. 5.
Any additional county contiguous to the original counties forming the authority may subsequently become a member of the authority upon resolution adopted by the governing body of the county and acceptance thereof by resolution adopted by majority vote of the board. The number of members to be added to the board when an additional county becomes a member of the authority shall be determined by the board.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.806 - Airport Authority Board; First Meeting; Election of Officers; Conducting Business at Public Meeting; Notice; Corporate Seal; Executive Committee; Expenses; Quorum; Legal Majority.

259.806 Airport authority board; first meeting; election of officers; conducting business at public meeting; notice; corporate seal; executive committee; expenses; quorum; legal majority.
Sec. 6.
By October 14, 1970, the board shall hold its first meeting and organize by electing a chairperson and vice-chairperson who are members of the board, and a secretary and treasurer who need not be board members and additional officers who need or need not be members of the board as the board considers necessary. The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. The board may also adopt a corporate seal and appoint an executive committee, consisting of the chairperson and 1 member from each of the governmental units comprising the authority other than that represented by the chairperson to perform those duties as the board assigns. The members of the executive committee shall hold office during the pleasure of the board. Members of the board and executive committee shall serve without compensation from the authority, but shall be reimbursed by the authority for actual expenses incurred in the discharge of official duties. A simple majority of the board members shall constitute a quorum for the conduct of the business of the board. A simple majority of the full membership of the board shall constitute a legal majority on all voting issues before the board.
History:
1970, Act 73, Imd. Eff. July 16, 1970 ;-- Am. 1978, Act 409, Imd. Eff. Sept. 28, 1978
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.807 - Airport Authority as Body Corporate; Other Airports; Powers.

259.807 Airport authority as body corporate; other airports; powers.
Sec. 7.
The authority shall be a public body corporate with powers to sue or be sued in any court of this state and have the power and duty of planning, promoting, extending, owning, maintaining, acquiring, purchasing, constructing, improving, enlarging and operating all publicly-owned airports and airport facilities hereinafter established to be operated within the territorial jurisdiction of the authority. Any existing publicly-owned airport or airport facility now or hereafter within the jurisdictional confines of the authority may elect to come within the operational jurisdiction of the authority unless prohibited by legal restrictions or limitations, upon acceptance by the authority under mutually agreeable terms and conditions.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.808 - Airport Authority Board; Meetings; Records; Availability of Certain Writings to Public; System of Accounts; Audit; Treasurer's Bond; Executive Director; Rules and Policies; Interest in Contract Prohibited; Personal Liability.

259.808 Airport authority board; meetings; records; availability of certain writings to public; system of accounts; audit; treasurer's bond; executive director; rules and policies; interest in contract prohibited; personal liability.
Sec. 8.
(1) After organization, the board shall hold meetings at the call of the chairperson. The board shall adopt a schedule of regular monthly meetings and adopt a regular meeting date, place, and time. The chairperson shall call a special meeting upon request of 3 members of the board in the manner required by Act No. 267 of the Public Acts of 1976. The board shall keep a written or printed record of each meeting, which record and any other writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. The board shall provide for a system of accounts to conform to a uniform system required by law and for the auditing at least once a year of the accounts of the treasurer by a competent certified public accountant. The board shall require of the treasurer a suitable bond by a responsible bonding company, the cost of the premium of bond to be paid for by the board. The board may appoint an executive director and shall adopt rules and policies governing professional work and services offered by airports and airport facilities under the board's jurisdiction.
(2) A board member or a person holding appointment by the board shall not be interested directly or indirectly in a contract entered into under the law. A board member shall not be subject to personal liability on account of liability of the authority.
History:
1970, Act 73, Imd. Eff. July 16, 1970 ;-- Am. 1978, Act 409, Imd. Eff. Sept. 28, 1978
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.809 - Airport Authority; Powers, Duties and Limitations; Elections.

259.809 Airport authority; powers, duties and limitations; elections.
Sec. 9.
In exercising its powers and duties, the authority and the cities and counties comprising the authority shall be vested with and be subject to the same powers, duties and limitations as provided by Act No. 206 of the Public Acts of 1957, as amended, being sections 259.621 to 259.631 of the Compiled Laws of 1948 and Act No. 327 of the Public Acts of 1945, as amended, being sections 259.1 to 259.208 of the Compiled Laws of 1948 unless the provisions of this act are applicable. When the provisions of this act or any act which the authority or the counties comprising the authority are subject to calls for an election or the submission of an issue or proposition to the election process, the provisions of Act No. 116 of the Public Acts of 1954, as amended, being sections 168.1 to 168.992 of the Compiled Laws of 1948, shall apply unless provisions of this act are applicable.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.810 - Budget; Contents; Adoption; Annual Report.

259.810 Budget; contents; adoption; annual report.
Sec. 10.
On or before June 1 of each year the board shall prepare a budget containing an itemized statement of the estimated current operational expenses and the expenses for capital outlay including funds for the operation and development of all airports under the jurisdiction of the board, including the amount necessary to pay the principal and interest of any outstanding bonds or other obligations of the authority maturing during the ensuing fiscal year or which have previously matured and are unpaid, and an estimate of the estimated revenue of the authority from all sources for the ensuing fiscal year. The fiscal year of the authority shall be from July 1 to June 30. The board shall adopt such budget as shall be deemed necessary and shall ascertain what appropriations are required from the several counties comprising the authority to meet their respective shares of the amount of the budget in excess of the estimated revenues. The authority shall file a copy of their annual report with the state aeronautics commission.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.811 - Local Units Contributions; Certification, Payment; Tax, Rate, Limitation.

259.811 Local units contributions; certification, payment; tax, rate, limitation.
Sec. 11.
The board shall certify to each participating county the amount to be raised by them, and the counties comprising the authority shall include the certified amount to be raised in their next ensuing budget and shall pay the amounts so certified from any funds they have available including the proceeds of a tax the county is authorized to levy on the taxable property within their respective jurisdiction. The tax shall not exceed 3/4 mill on each dollar of assessed valuation as last equalized by the state. In computing the total tax to be levied, the assessed valuation of any unit of government within the county shall not be used more than once. The limitation of section 6 of article 9 of the state constitution shall not apply to taxes imposed by the board and levied by the counties comprising the authority.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.812 - Revenue Bonds; Purpose.

259.812 Revenue bonds; purpose.
Sec. 12.
For the purpose of acquiring, purchasing, constructing, improving, enlarging or repairing airports and airport facilities created within or hereafter acquired by the authority, the board may issue self-liquidating bonds of the authority in accordance with the provisions of Act No. 94 of the Public Acts of 1933, as amended, being sections 141.101 to 141.139 of the Compiled Laws of 1948.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.813 - State Employees; Transfer Provisions, Rights.

259.813 State employees; transfer provisions, rights.
Sec. 13.
Employees of the airport division of the state aeronautics commission employed at the state-owned airport on the date the authority is established may transfer to the employment of the authority. The authority shall accept the transfers without a break in employment. Employees transferring shall be retained in positions at least comparable to positions held by employees on the date of transfer and without a reduction in compensation or loss in fringe benefits or accumulation thereof. The authority shall by a 3/5 vote of the board elect to come under the provisions of Act No. 135 of the Public Acts of 1945, as amended, being sections 38.601 to 38.668b of the Compiled Laws of 1948 and shall adopt the provision of Act No. 88 of the Public Acts of 1961, as amended, being sections 38.1101 to 38.1105 of the Compiled Laws of 1948. Employees of the airport division of the state aeronautics commission, who transfer to the employment of the authority on the effective date the authority is established pursuant to this section, and become members of the municipal employees retirement system, shall be entitled to all accrued credits and benefits provided by Act No. 88 of the Public Acts of 1961, as amended.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.814 - Operative Sections.

259.814 Operative sections.
Sec. 14.
In the event that an authority is formed as prescribed in section 1, sections 15, 16, 17, 18, 19, 20 and 22 shall become operative.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.815 - Capital City Airport; Transfer.

259.815 Capital city airport; transfer.
Sec. 15.
The state administrative board shall transfer to the authority subject to conditions and restrictions herein approximately 1,135 acres of land in fee simple, 238 acres in easements and land now under lease, including all options, easements, rights of way, and all improvements thereto, except as noted herein and equipment necessary to the operation of the airport as listed in the final agreement now owned by the state to the authority.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.816 - Terminal Building; Transfer.

259.816 Terminal building; transfer.
Sec. 16.
The state administrative board shall, subject to restrictions of this act, transfer and convey the terminal building and all buildings and other properties and interests and liabilities of the control and management of the board of control to the authority.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.817 - Repealed. 1990, Act 192, Imd. Eff. July 24, 1990.

259.817 Repealed. 1990, Act 192, Imd. Eff. July 24, 1990.
Compiler's Notes:
The repealed section pertained to reservation by state of space in terminal building, and provided parking for state employees.
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.819 - State's Free Use of Facilities.

259.819 State's free use of facilities.
Sec. 19.
The state shall have the free use of runways, taxiways, ramp facilities and public areas, under the jurisdiction of the authority, necessary to the operation of its aircraft. The authority is prohibited from charging the state landing fees, tie-down fees or other similar fees.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.820 - Transfer of Existing Contracts and Agreements.

259.820 Transfer of existing contracts and agreements.
Sec. 20.
All contracts and rental agreements between the state aeronautics commission, the terminal building board of control and contracting parties relevant of space, services, facilities or business enterprises in existence at the time of the formation of the authority shall be transferred to the authority and all terms and conditions of the contracts and agreements shall be continued until terminated or renegotiated by the terms of the contracts and agreements.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.821 - Act Contingent as to Federal Funding.

259.821 Act contingent as to federal funding.
Sec. 21.
The provisions of this act shall be contingent upon the federal aviation agency finding that the authority created by this act is a public agency or public body corporate capable of assuming the obligations of the covenants which may have been entered into between the aeronautics commission and the federal aviation agency relative to sponsored project applications and contracts entered into between the agencies.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.822 - Repeal.

259.822 Repeal.
Sec. 22.
Act No. 143 of the Public Acts of 1956, being sections 259.611 to 259.617 of the Compiled Laws of 1948, is repealed.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapter 259 - Aviation › Act 73 of 1970 - Airport Authorities (259.801 - 259.823) › Section 259.823 - Referendum.

259.823 Referendum.
Sec. 23.
Within 60 days of the effective date of this act, petitions may be filed with the secretary of state, signed by a number of registered electors from a county within the authority equal to at least 5% of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected within the petitioning county, requesting that the county's participation in the authority be submitted for approval by a majority of the electors of the county voting at the next general election in the manner provided by law.
History:
1970, Act 73, Imd. Eff. July 16, 1970
2023 Michigan Compiled Laws › Chapters 261 - 278B - General Drain Law › Repealed - Act 316 of 1923 - General Drain Law (261.1 - 278b.33)

GENERAL DRAIN LAW
Act 316 of 1923
261.1-278B.33 Repealed. 1949, Act 247, Imd. Eff. June 6;—1953, Act 40, Eff. Oct. 2;—1956, Act 40, Imd. Eff. Mar. 28.
2023 Michigan Compiled Laws › Chapter 279 - Drains › Repealed - Act 243 of 1931 - Sewers Constructed by Drain Commissioners (279.1 - 279.2)

SEWERS CONSTRUCTED BY DRAIN COMMISSIONERS
Act 243 of 1931
279.1,279.2 Repealed. 1956, Act 40, Imd. Eff. Mar. 28, 1956.
2023 Michigan Compiled Laws › Chapter 279 - Drains › Repealed - Act 38 of 1932 (1st Ex. Sess.) - Deferred Drain Taxes (279.11 - 279.17)

DEFERRED DRAIN TAXES
Act 38 of 1932 (1st Ex. Sess.)
279.11-279.17 Repealed. 1956, Act 40, Imd. Eff. Mar. 28, 1956.
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.31 - Drain Taxes; Extending Time of Payment, Maximum; Drainage District Bonds, Payment.

279.31 Drain taxes; extending time of payment, maximum; drainage district bonds, payment.
Sec. 1.
In any county of this state in which there are situated any lands assessed since the year of 1945 for special drain taxes and/or any townships, cities and/or villages assessed at large for special drain taxes, for county drains, which taxes were assessed in only 1 installment, the board of supervisors of such county is hereby authorized to extend the time of payment of such drain taxes in not to exceed 7 yearly installments, in the manner and on the conditions hereinafter set forth, and is further authorized to assume on behalf of the county the payment of any drainage district bonds issued in anticipation of the collection thereof.
History:
1953, Act 157, Imd. Eff. June 2, 1953
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.32 - Drain Taxes; Resolution of Board of Supervisors.

279.32 Drain taxes; resolution of board of supervisors.
Sec. 2.
The board of supervisors may, by resolution, by a 2/3 vote of the members of such board, provide for the extension of the time of payment of such drain taxes in not to exceed 7 yearly installments against the property now assessed, and against the political subdivisions assessed at large, and in the same proportion as now assessed, together with any interest on any installment until due as provided in Act No. 316 of the Public Acts of 1923, as amended, being sections 261.1 to 277.9, inclusive, of the Compiled Laws of 1948.
History:
1953, Act 157, Imd. Eff. June 2, 1953
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.33 - Drain Taxes; Unpaid Interest and Principal of Outstanding Drainage District Bonds, Payment; Agreement.

279.33 Drain taxes; unpaid interest and principal of outstanding drainage district bonds, payment; agreement.
Sec. 3.
Such board shall be authorized to and shall agree, in the resolution provided for in the preceding section, to assume and pay all unpaid interest and principal of all outstanding drainage districts bonds in such county issued in anticipation of the collection of such special drain taxes. Such agreement shall constitute a general obligation of such county. The assumption of such liability shall not exceed constitutional limitations on the total indebtedness of such county.
History:
1953, Act 157, Imd. Eff. June 2, 1953
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.34 - Drain Taxes; Assessment, Levy and Collection, Procedure; Duty of Drain Commissioner; New Assessment.

279.34 Drain taxes; assessment, levy and collection, procedure; duty of drain commissioner; new assessment.
Sec. 4.
The assessment, levy and collection of the drain taxes in this act provided for shall be governed by the procedure set forth in Act No. 316 of the Public Acts of 1923, as amended, being sections 261.1 to 277.9, inclusive, of the Compiled Laws of 1948, insofar as applicable, and not inconsistent with the provisions of this act. Such installments shall be levied and collected on the general tax rolls. The drain commissioner of any such county shall prepare a new and permanent drain special assessment roll, for each drain, to cover the drain assessments herein provided for and shall perform such other duties in connection with the assessment, levy and collection of such drain taxes as shall be necessary. Such new permanent drain special assessment roll shall supersede, for each drain, on and after the date of the first levy thereunder, any installment or installments to be hereafter levied against property or political subdivisions now assessed in any such county, for each drain, on the permanent drain special assessment roll prepared under the provisions of said Act No. 316 of the Public Acts of 1923, as amended.
History:
1953, Act 157, Imd. Eff. June 2, 1953
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.35 - Drain Taxes; Money Credited to General Fund.

279.35 Drain taxes; money credited to general fund.
Sec. 5.
In case the county advances money for the payment of such drainage district bonds or drainage taxes, such drain taxes when collected shall be credited to the general fund of the county.
History:
1953, Act 157, Imd. Eff. June 2, 1953
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.36 - Drain Taxes; Lien.

279.36 Drain taxes; lien.
Sec. 6.
All drain taxes so extended shall be and remain a lien on the property assessed to the same extent as if no such extension had been made. Nothing in this act contained shall be construed to affect any lien or liens attaching on any land or lands under the provisions of said Act No. 316 of the Public Acts of 1923, as amended.
History:
1953, Act 157, Imd. Eff. June 2, 1953
Compiler's Notes:
Act 316 of 1923, referred to in this section, was repealed by Act 247 of 1949, Act 40 of 1953, and Act 40 of 1956.
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.37 - Drain Taxes Assessed at Large; Defect in Proceedings Not Legalized or Waived.

279.37 Drain taxes assessed at large; defect in proceedings not legalized or waived.
Sec. 7.
Nothing in this act contained shall be construed to include that portion of the drain taxes assessed at large against such county or against any state trunk line highway in such county. Nothing in this act contained, or in the proceedings taken under the provisions of this act, shall be construed to legalize or waive any defect or defects in the proceedings in the establishment of any drain project or projects in any such county.
History:
1953, Act 157, Imd. Eff. June 2, 1953
2023 Michigan Compiled Laws › Chapter 279 - Drains › Act 157 of 1953 - Deferred Drain Taxes (279.31 - 279.38) › Section 279.38 - Scope of Act.

279.38 Scope of act.
Sec. 8.
The provisions of this act shall only apply to the property owned by such persons who request the extension authorized under the provisions of this act.
History:
1953, Act 157, Imd. Eff. June 2, 1953
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.1 - Drain Code of 1956; Short Title.

280.1 Drain code of 1956; short title.
Sec. 1.
This act shall be known and may be cited as "the drain code of 1956".
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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.2 - Drains; Location, Establishment, Construction, Maintenance, and Improvements; Petition.

280.2 Drains; location, establishment, construction, maintenance, and improvements; petition.
Sec. 2.
Drains including branches may be located, established, constructed and maintained, and existing drains, creeks, rivers and watercourses and their branches, or tributaries whether located, established and constructed by a county drain commissioner or drainage board or by a city, village or township, may be cleaned out, straightened, widened, deepened, extended, consolidated, relocated, tiled, connected and relocated along a highway, or there may be provided for the same structures or mechanical devices that will properly purify or improve the flow of the drain or pumping equipment necessary to assist or relieve the flow of the drain, or 1 or more branches may be added thereto, by petition under the provisions of this act, whenever the same shall be conducive to the public health, convenience and welfare.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1956, Ex. Sess., Act 5, Imd. Eff. June 23, 1956 ;-- Am. 1965, Act 194, Imd. Eff. July 15, 1965 ;-- Am. 1969, Act 90, Imd. Eff. July 24, 1969 ;-- Am. 1971, Act 60, Imd. Eff. July 20, 1971
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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.3 - Drain; Definition.

280.3 Drain; definition.
Sec. 3.
The word "drain", whenever used in this act, shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1958, Act 87, Imd. Eff. Apr. 11, 1958 ;-- Am. 1969, Act 90, Imd. Eff. July 24, 1969
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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.4 - “Commissioner,”“drain Commissioner,” or “County Drain Commissioner” Defined.

280.4 “Commissioner,”“drain commissioner,” or “county drain commissioner” defined.
Sec. 4.
As used in this act, "commissioner", "drain commissioner", or "county drain commissioner" means the elected county drain commissioner or the person or persons designated to perform the duties of the elected county drain commissioner as provided in sections 21 and 21a.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1989, Act 134, Imd. Eff. June 29, 1989
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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.5 - Drainage District; Body Corporate; Powers.

280.5 Drainage district; body corporate; powers.
Sec. 5.
A drainage district is a body corporate with power to contract; to sue and to be sued; to acquire interests in real or personal property by gift, purchase, lease, grant, trade, or any other lawful method, including condemnation pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75; and to hold, manage, and dispose of real and personal property, in addition to any other powers conferred upon it by law.
History:
Add. 1960, Act 96, Imd. Eff. Apr. 26, 1960 ;-- Am. 2014, Act 550, Imd. Eff. Jan. 15, 2015
Compiler's Notes:
Act 316 of 1923, referred to in this section, was repealed by Act 247 of 1949, Act 40 of 1953, and Act 40 of 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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.6 - Drains; Public Easements and Rights of Way; Use; Release, Notice, Protest.

280.6 Drains; public easements and rights of way; use; release, notice, protest.
Sec. 6.
All established drains regularly located and established in pursuance of law existing at the time of location and establishment and visibly in existence, which were established as drains, and all drains visibly in existence in written drain easements or rights of way on file in the office of the commissioner, shall be deemed public drains located in public easements or rights of way which are valid and binding against any owners of any property interest who became or hereafter become such owners after the location and establishment of the drain or the existence of the drain became visible or the written drain easement or right of way was executed, and the commissioner or drainage board may use, enter upon and preserve such easement or right of way for maintenance of the visible drain and any other lawful activity with respect to the same not requiring a larger or different easement or right of way and may exercise any rights granted in the written easement or right of way on file in the office of the commissioner. Easements or rights of way, or portions of easements or rights of way, no longer necessary for drainage purposes may be conveyed or released to the fee owners by the commissioner or drainage board on behalf of the drainage district. The drain commissioner or drainage board shall give at least 30 days' notice of the intention to release the excess easements by publishing a notice in a newspaper of general circulation in the county or a newspaper of general circulation where the drainage district boundaries are located. This notice shall give a general description of the excess easements to be released and the date any taxpayers may appear to protest said release. After said date if no protests are received, the drain commissioner or drainage board may release said excess easements or portions thereof not necessary for drainage purposes.
History:
Add. 1968, Act 208, Imd. Eff. June 24, 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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.8 - Conducting Business at Public Meeting; Notice; Availability of Writings to Public.

280.8 Conducting business at public meeting; notice; availability of writings to public.
Sec. 8.
(1) The business which a board or commission created pursuant to this act, or a body of special commissioners appointed pursuant to this act, may perform shall be conducted at a public meeting of the board, commission, or body of special commissioners held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
(2) A writing prepared, owned, used, in the possession of, or retained by a board, commission, or advisory committee created pursuant to this act, or a commissioner appointed pursuant to this act, in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1978, Act 235, Imd. Eff. June 15, 1978
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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.10 - Drains; Location; Meetings; Jurisdiction of Commissioner; Exception; Payment of Bonds or Drain Orders; Deficiency.

280.10 Drains; location; meetings; jurisdiction of commissioner; exception; payment of bonds or drain orders; deficiency.
Sec. 10.
Drains may be laid or extended into or along or from any lake or other body of water surrounded wholly or in part by a swamp, marsh or other low lands for the general purpose of drainage contemplated by this act, but not so as to impair the navigation of any navigable river.
Any meeting called pursuant to the provisions of this act, unless otherwise provided, may be adjourned from time to time by public announcement thereof and no advertisement of the time of said adjournment shall be required.
The commissioner shall have jurisdiction over all established county drains within his county, heretofore established and now in the process of being established except that in the case of a drain located or to be located entirely within a single city or village, such jurisdiction shall be consented to by resolution of the governing body of such city or village.
If any drainage project lies entirely within the limits of a municipality less than a county, such municipality, by its governing body, shall have the power to pledge the full faith and credit of the municipality for the payment of bonds or drain orders issued in connection with such project, and if a deficiency exists in the drain fund or sinking fund for said drain 1 year after the last installment of the deficiency assessment provided for in section 280 of this act, shall have become delinquent, such municipality shall forthwith advance to the county drain fund the amount of such deficiency and thereafter all receipts of such drain fund from the sale of delinquent tax lands, which had been assessed for said drain, shall be paid to the municipality within 90 days after receipt by the county treasurer.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1963, Act 228, Eff. Sept. 6, 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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.11 - Easement; Right of Way; Release of Damages; Recording.

280.11 Easement; right of way; release of damages; recording.
Sec. 11.
Any easement, right of way or release of damages obtained in connection with any proposed drain or drains shall, following the expiration of 30 days after the day of review, be recorded in the office of the register of deeds: Provided, That in any drain proceeding in which an injunction or a writ of certiorari has been issued but not determined within 30 days after the day of review, the recording shall be within 30 days after a determination sustaining the drain.
All easements, rights of way or releases of damages hereafter obtained in connection with any existing drain shall be recorded in the office of the register of deeds when said drain is being cleaned, relocated, deepened, widened, straightened, extended, tiled or consolidated pursuant to law.
The recording required by this section shall be made by the drain commissioner or the drainage board, as the case may be, and the cost of such recording paid by the drainage district.
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) › 40-1956-1. - Chapter 1. Drains. (280.1...280.12) › Section 280.12 - Specification of Time; Directory or Mandatory.

280.12 Specification of time; directory or mandatory.
Sec. 12.
Except as provided in section 8, when a time is specified in this act in which the drain commissioner or a drainage board shall take a specified administrative action or a procedural step, the specification of time shall be considered directory and not mandatory and failure to take the action or step within the time specified shall not affect the legality and validity of a drain proceeding. Where the specification of time relates to the giving of notice, the filing of objections, the taking of an appeal, the commencement of an action in a court, the taking of an action or step in the assessment, levy, or collection of drain assessments, taxes or other charges, or to a requirement of due process, the specification of time shall be considered mandatory if so provided in this act.
History:
Add. 1969, Act 90, Imd. Eff. July 24, 1969 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.21a - Powers and Duties of Drain Commissioner Performed by Designated Persons in Certain Counties.

280.21a Powers and duties of drain commissioner performed by designated persons in certain counties.
Sec. 21a.
In a county organized under a charter adopted under Act No. 293 of the Public Acts of 1966, being sections 45.501 to 45.521 of the Michigan Compiled Laws, whose charter prescribes an elected county executive, and which county has a population of more than 2,000,000 at the time the charter is adopted, the powers and duties of the drain commissioner, under this act, shall be performed by a person or persons designated in accordance with the county's charter.
History:
Add. 1989, Act 134, Imd. Eff. June 29, 1989
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.22 - Drain Commissioner; Establishment of Office.

280.22 Drain commissioner; establishment of office.
Sec. 22.
All commissioners holding such office when this act takes effect shall continue to be such commissioners until their respective successors are elected and qualified in accordance with the provisions of the foregoing section. The majority of the board of county commissioners may establish or reestablish the office of county drain commissioner in counties not having a county drain commissioner by resolution of a majority of members elect.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1970, Act 111, Eff. Apr. 1, 1971
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.23 - Drain Commissioner; Jurisdiction; Drains in More Than One County; Outlet Only in Another County.

280.23 Drain commissioner; jurisdiction; drains in more than one county; outlet only in another county.
Sec. 23.
The commissioner shall have jurisdiction over all drains within his county, including those heretofore established and now in process of construction. Drains extending into more than 1 county, or affecting lands in more than 1 county, shall be established and constructed in accordance with the provisions of this act regulating the establishment and construction of drains traversing more than 1 county or affecting lands in more than 1 county. Nothing in this act shall be construed as depriving a drain commissioner of jurisdiction or as making any drain an intercounty drain, merely because a drain extends into another county for the purpose of securing a proper outlet and not for the purpose of draining any lands in the other county: Provided, such extension is approved by the drain commissioners and the board of supervisors of each affected county. The portion of any such drain extending into another county shall not be considered in determining the number of signers required to a petition to locate, establish and construct.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1958, Act 64, Imd. Eff. Apr. 11, 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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.24 - Deputy Commissioners; Appointment; Revocation; Bond; Powers and Duties.

280.24 Deputy commissioners; appointment; revocation; bond; powers and duties.
Sec. 24.
A commissioner may appoint a deputy or deputies, if the county board of commissioners approves, and may revoke the appointment at pleasure. The appointment shall be made in writing and filed with the clerk of the county. If the commissioner is unable to execute the duties of office, the deputy or deputies shall execute or assist in the execution of the duties of the county drain commissioner assigned by the county drain commissioner. As determined by the county board of commissioners, the deputy or deputies, either shall be covered by a blanket bond or shall file a bond with and to be approved by the commissioner in a sum not to exceed $5,000.00, conditioned upon the faithful discharge of the deputy's or deputies' duties. If the commissioner dies during his or her term, the deputy commissioner shall have all of the powers and be charged with all of the duties of a commissioner until a commissioner is appointed or elected.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1963, Act 209, Eff. Sept. 6, 1963 ;-- Am. 1978, Act 633, Imd. Eff. Jan. 8, 1979
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.25 - Deputy Drain Commissioner; Liability of Commissioner and Bondsmen; Liability of Drainage District; Public Liability or Other Insurance.

280.25 Deputy drain commissioner; liability of commissioner and bondsmen; liability of drainage district; public liability or other insurance.
Sec. 25.
The commissioner and his bondsmen shall be liable for all the acts and defaults of the deputy or deputies when appointed as herein provided. After entry of the order designating drainage districts as provided in section 54 and section 105 of this act, the drainage district as designated shall be responsible for and liable for all acts and defaults of such commissioner and his deputy or deputies, except for acts of malfeasance or misfeasance.
The board of supervisors may adopt resolutions providing that public liability or other insurance may be purchased at the expense of the county to cover such potential liabilities of the various drainage districts under the supervision of the county drain commissioner.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1962, Act 152, Imd. Eff. May 9, 1962
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.26 - Deputy Drain Commissioner; Salary, Expenses, Reports to Drain Commissioner.

280.26 Deputy drain commissioner; salary, expenses, reports to drain commissioner.
Sec. 26.
Each deputy commissioner shall receive such salary or compensation as the board of supervisors shall allow and all traveling expenses actually and necessarily spent by him in the discharge of his duties as prescribed in this act; he shall make a report to the commissioner of all work performed by him on or before the first Saturday of each month and an annual report on or before the second Wednesday in September of each year.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40