reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ASSESSMENT. - Assessment. (247.415...247.436) › Section 247.435 - Taxes; Apportionment on Parcels; Notice of Hearing; Correction of Roll.

247.435 Taxes; apportionment on parcels; notice of hearing; correction of roll.
Sec. 35.
If 2 or more parcels of land owned by different persons are assessed as 1 parcel and the frontage of the different parcels upon the improvement are not relatively the same, then upon discovery of the error the county road commissioners or the department of transportation, or any 1 of the several owners, may require the county road commissioners or the state highway commissioner to apportion this tax between the several parcels, upon the principle of benefits derived. The county road commissioners or the department of transportation shall give the parties in interest 5 days' notice of their hearing, by posting a notice of the hearing in a conspicuous place on each of such premises. On apportioning the tax as provided in this section, the county road commissioners or the department of transportation shall change their roll accordingly, and if any rolls have been delivered to the county or township clerks, or to collecting officers, shall certify the change to them. The county or township clerk or other collecting officer shall correct the roll in their hands, and collection shall be made accordingly. This change may be made at any time before final decree is taken by the state treasurer for the sale of the lands for delinquent taxes.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4705 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4350 ;-- CL 1948, 247.435 ;-- Am. 2002, Act 351, Imd. Eff. May 23, 2002
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ASSESSMENT. - Assessment. (247.415...247.436) › Section 247.436 - Legality of Proceedings, Evidence; Finality of Determination.

247.436 Legality of proceedings, evidence; finality of determination.
Sec. 36.
All special assessment rolls and copies of rolls heretofore required to be delivered to county or township clerks under this act shall be prima facie evidence of the regularity and legality of all proceedings had to levy such tax. Any determination herein required to be made by the state highway commissioner or by the board of county road commissioners shall be deemed to be final and conclusive as to the existence of the facts therein involved.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4706 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4351 ;-- CL 1948, 247.436
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-STATE-HIGHWAY-COMMISSIONER. - State Highway Commissioner. (247.437...247.440) › Section 247.437 - Petition for Improvement; Transmission to Proper Authorities.

247.437 Petition for improvement; transmission to proper authorities.
Sec. 37.
In case a petition is presented to the state highway commissioner where authority to act is hereby vested in the board of county road commissioners of the county wherein such road is situated, such petition shall be immediately transmitted to said board and action thereon is hereby authorized as though the said petition had been properly addressed and presented in the first instance. Should a petition be presented to these county road commissioners for the improvement of any highway, in any county, and in the judgment of the county road commissioners, there should be lands liable to an assessment for benefits situate in any other county, then the county road commissioners shall certify such petition to the state highway commissioner, who shall thereupon proceed to act upon the same as though the said petition had been addressed to him in the first instance.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4707 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4352 ;-- CL 1948, 247.437
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-STATE-HIGHWAY-COMMISSIONER. - State Highway Commissioner. (247.437...247.440) › Section 247.438 - Deputy; Acting for Commissioner, Legal Effect.

247.438 Deputy; acting for commissioner, legal effect.
Sec. 38.
Any act or proceeding herein directed or authorized to be performed or conducted by the state highway commissioner, may be done by said commissioner in person, or by 1 of his deputies or by any other person generally or specifically deputized by him for the doing of such work. Any determination made by such deputy, or any hearing or other proceeding conducted by him shall be deemed to be for the purpose of this act, and have the same legal force and significance as though personally performed by said commissioner.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4708 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4353 ;-- CL 1948, 247.438
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-STATE-HIGHWAY-COMMISSIONER. - State Highway Commissioner. (247.437...247.440) › Section 247.440 - Jurisdiction Over Highways in More Than One County.

247.440 Jurisdiction over highways in more than one county.
Sec. 40.
All highways improved under the provisions of this act by the county road commissioners, or by the state highway commissioner, where more than 1 county is affected, that are parts of county roads shall be and remain under the jurisdiction of the county road commissioners of the county in which such highway is situate. Any township road improved hereunder shall be and remain subject to the jurisdiction or authority of the proper township officials after such improvement: Provided, however, That in all cases, the jurisdiction of the county and township officials shall be subject to the right to make proper repairs out of the maintenance fund, if any, hereinbefore provided for. In any highways improved along a county line, jurisdiction over the portion improved shall remain the same as though no improvement had been made upon such highway.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4710 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4355 ;-- CL 1948, 247.440
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.441 - Appeal by Municipality; Application for Board of Review, Limitations; Authorized Representative.

247.441 Appeal by municipality; application for board of review, limitations; authorized representative.
Sec. 41.
The county or city at large, or any township at large assessed a per cent for any benefit for the improvement of any highway by the county road commissioners, or by the state highway commissioner, may within 10 days after the final hearing of the review heretofore provided for, appeal therefrom, and for such purpose make an application to the probate court of the proper county for the appointment of a board of review, as hereinafter provided. Townships shall appear by their respective supervisors; and counties shall appear by their clerk and prosecuting attorney; cities shall appear by their chief executive officers or by the city attorney, under the direction of the legislative body of such city. The supervisor shall act upon the direction of his township board. The clerk and prosecuting attorney shall act upon the direction of their board of supervisors, or of a committee of that board to whom may have been referred by the whole board, questions pertaining to the highway improvements. Only 1 application for a board of review shall be entertained by the probate court to review any special assessment.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4711 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1919, Act 107, Eff. Aug. 14, 1919 ;-- CL 1929, 4356 ;-- CL 1948, 247.441
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.443 - Board of Review; Duty, Limitation, Oath.

247.443 Board of review; duty, limitation, oath.
Sec. 43.
At such hearing the board of review shall have the right, and it shall be their duty to review and equalize all assessments of per cent of benefits made by the county road commissioners, or the state highway commissioner, for such improvement upon the county at large, or upon any city, and the total assessment made upon the several townships, including the total per cent assessed upon lands benefited therein. Such board shall not review or equalize the assessment for benefits upon particular lands. The persons so appointed as such board of review shall be sworn to faithfully discharge the duties of such board of review.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4713 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1919, Act 107, Eff. Aug. 14, 1919 ;-- CL 1929, 4358 ;-- CL 1948, 247.443
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.444 - Board of Review; Hearing, View of Lands, Correction of Errors, Additions; Hearing of Objections on Change; Decision, Preparation and Finality.

247.444 Board of review; hearing, view of lands, correction of errors, additions; hearing of objections on change; decision, preparation and finality.
Sec. 44.
The board of review shall proceed to hear the proofs and allegations of the county, or of any city assessed at large, and of the several townships at large, in respect to the matter of the appeal, and shall proceed to view the lands benefited by such improvement, and to review the total per cent ordered to be paid by the county at large, and by each township, including the sum total per cent assessed upon lands benefited in such township, and if, in their judgment, there be manifest error or inequality in such assessment, they shall order, or make such changes therein within the limitations hereinbefore provided, as they may deem just and equitable. The board of review shall not equalize the assessment between the several tracts or parcels of land. Should the board of review find, upon personal examination, that there are lands liable to be assessed for the construction of such improvement, that were not included in the assessment district made by the county road commissioners, or the state highway commissioner, they shall add such lands to the assessment district for such improvement. Before adding any lands to such special assessment district not included in the final order of the county road commissioners, or the state highway commissioner, the said board of review shall give the same notice as hereinbefore provided to be given by the county road commissioners, or the state highway commissioner, in establishing a special assessment district. The board of review shall meet at the time and place mentioned in their notice, to hear objections from the persons interested with respect to change in such district. On hearing such objections, the board of review, should they still deem it just and equitable that additional lands be included in the district, shall make their order in accordance therewith. The action and decision of the board of review shall be final. The action and decision of such board shall be reduced to writing and signed by a majority making the same, and shall be delivered to the county road commissioners, or the state highway commissioner, together with all other papers relating thereto.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4714 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1919, Act 107, Eff. Aug. 14, 1919 ;-- CL 1929, 4359 ;-- CL 1948, 247.444
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.445 - Costs of Appeals.

247.445 Costs of appeals.
Sec. 45.
In case the assessment of the county road commissioners, or the state highway commissioner, shall be sustained by such board of review, the appellant shall pay the whole cost and expense of the appeal. Such cost and expense shall be ascertained and determined by the judge of probate; and the amount so determined by said judge, or by the court on appeal therefrom, shall be paid by the county, city, or township appealing, to the county treasurer of said county, and placed to the credit of the road district. If the apportionment of the county road commissioners, or the state highway commissioner, is not sustained, the road district shall pay the cost of such appeal.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4715 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1919, Act 107, Eff. Aug. 14, 1919 ;-- CL 1929, 4360 ;-- CL 1948, 247.445
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.446 - Appeal by Land Owner; Application for Board of Review; Bond, Liability, Costs.

247.446 Appeal by land owner; application for board of review; bond, liability, costs.
Sec. 46.
The owner of any lands assessed a per cent for benefits for improving any highway, who may conceive himself aggrieved by the assessment made by the county road commissioners, or the state highway commissioner, may, within 10 days after the hearing of the review heretofore provided by the county road commissioners, or the state highway commissioner, appeal therefrom, and for such purpose make an application to the probate court of the county in which his land is situate, for a review of the per cent of benefits assessed for such improvement upon his land in any township. Said appellant shall file with the probate court a bond in the sum of 200 dollars, with 1 or more sureties, to be approved by said court, conditioned for the payment of all costs in case the assessment made by the county road commissioners, or the state highway commissioner, shall be sustained. In case the assessment of the per cent of benefits made by the county road commissioners, or the state highway commissioner, upon lands assessed in that township shall be sustained by the board of review, the appellant shall pay the whole cost of such appeal. Such cost and expenses shall be ascertained and determined by the probate court; and if not paid the appellant shall be liable on his bond for the full amount of such costs in an action in law to be brought by the county road commissioners, or the state highway commissioner, before any court having jurisdiction. If the assessments made by the county road commissioners, or the state highway commissioner, on lands in such townships shall be changed, the road districts shall pay the cost of such appeal.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4716 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4361 ;-- CL 1948, 247.446
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.447 - Appeal by Land Owner; Board of Review, Appointment, Eligibility, Notice; Hearing, Notice; Assessment District in More Than One County.

247.447 Appeal by land owner; board of review, appointment, eligibility, notice; hearing, notice; assessment district in more than one county.
Sec. 47.
On the receipt of such claim of appeal by the land owner and the giving of a bond as aforesaid, the probate court shall appoint a board of review to examine into and equalize the apportionment of the per cent of benefits assessed upon lands within the assessment district. Such board of review shall consist of 3 competent and disinterested freeholders selected from townships in the same county, adjoining the township where the land of the appellant is situated outside of the assessment district. Notice of the appointment of the board of review to review the apportionment of the per cent of benefits upon lands shall be given by posting a notice thereof in 5 public and conspicuous places in the special assessment district at least 5 days prior to the hearing in the probate court for the appointment of such board of review. Such board of review when appointed shall give notice of its hearing in the matter, and of the time and place when and where it will meet to review the apportionment of benefits upon the lands in the assessment district, by posting a notice thereof at least 5 days before the day of hearing in 5 public and conspicuous places within the special assessment district. Such board of review shall also cause a copy of such notice to be delivered to the appellant, or left at his place of residence, if his residence is within the said district. If the assessment district is situated in more than 1 county the application for the board of review and the appointment thereof shall be made in the same manner as is hereinbefore provided for the application for and the appointment of the board of review to equalize and review assessments made upon the counties at large, the several townships, and the assessment district in any such case. When so selected said board of review shall proceed to review the assessments upon all lands within the assessment district as provided in this section and in the following section.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4717 ;-- Am. 1921, Act 22, Imd. Eff. Mar. 31, 1921 ;-- CL 1929, 4362 ;-- CL 1948, 247.447
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.448 - Apportionment Final; Hearing, Duties of Board; Boundaries of Districts.

247.448 Apportionment final; hearing, duties of board; boundaries of districts.
Sec. 48.
The apportionment of benefits for the proposed improvements against the county at large, or against any city at large, and against the several townships at large, as made by the county road commissioners, or the state highway commissioner, or in case of appeal by the county or any township as made by the board of review hereinbefore provided for shall be final and conclusive and shall not be changed by the board of review herein appointed to review the apportionment of benefits upon lands. The board of review herein shall proceed at the time and place specified in their notice to hear the proofs and allegations of the parties in interest, and shall proceed to view the lands benefited by the proposed improvement, and to review all of the apportionments for benefits made by the county road commissioners or the state highway commissioner, on lands benefited in the assessment district on account of such improvement, and if in their judgment there be manifest error in any such apportionment upon lands benefited, they shall make such changes therein and equalize the same as they deem just and equitable. All boundaries of the special assessment district as made by the county road commissioners, or the state highway commissioner, or by the board of review hereinbefore mentioned, upon appeal shall be final and conclusive; the board of review appointed to review the apportionment of the per cent upon lands shall have no power to add additional lands to the special assessment district. But 1 appeal shall be acted upon to review the apportionment of the per cent of benefits assessed upon lands in the assessment district.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4718 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1919, Act 107, Eff. Aug. 14, 1919 ;-- Am. 1921, Act 22, Imd. Eff. Mar. 31, 1921 ;-- CL 1929, 4363 ;-- CL 1948, 247.448
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.449 - Hearing; Adjournment.

247.449 Hearing; adjournment.
Sec. 49.
The several boards of review may adjourn from time to time, for the hearing of appeals; and public announcement of such adjourning shall be given.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4719 ;-- CL 1929, 4364 ;-- CL 1948, 247.449
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.450 - Determination; Certification, Finality.

247.450 Determination; certification, finality.
Sec. 50.
The several boards of review shall certify to the county road commissioners, or the state highway commissioner, their finding and determination upon any appeal, which finding and determination as to the per cent of benefits to be assessed upon particular tracts, or parcels of lands benefited, shall be final and conclusive.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4720 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4365 ;-- CL 1948, 247.450
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.451 - Vacancy on Board; Filling.

247.451 Vacancy on board; filling.
Sec. 51.
Should any person appointed on either of the boards of review as aforesaid, neglect or refuse to serve, or be unable to act, the county road commissioners, or the state highway commissioner, shall report the same to the probate court, who shall, upon like notice, as in the first instance, proceed to appoint others, or another, competent and disinterested person or persons, to act on said board of review. The person or persons so appointed shall have the same power and perform the same duties as herein provided for the board of review in the first instance.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4721 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4366 ;-- CL 1948, 247.451
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-REVIEW-OF-ASSESSMENTS. - Review of Assessments. (247.441...247.452) › Section 247.452 - Assessment Rolls; Spread and Collection; Delayed Report of Rolls, Subsequent Installments.

247.452 Assessment rolls; spread and collection; delayed report of rolls, subsequent installments.
Sec. 52.
All the assessment rolls under this act, reported to the board of supervisors at the annual meeting thereof, shall be ordered spread and collected by the board and they shall order any rolls reported to them, while they are in session, spread and collected. Rolls not reported before the final adjournment of such boards at their annual October meeting, shall stand over until the following year, notwithstanding they may have been ordered collected by the county road commissioners the prior year. Where the contract is let prior to the annual meeting of the board of supervisors in October, and by reason of delay occurring from appeals to review the apportionment of benefits taken, so that the assessment roll, as finally determined, cannot be laid before the meetings of the board of supervisors, such delay shall not affect the collection of the second installment of the assessment, but both the first and second installments shall be collected the next year.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4722 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1919, Act 107, Eff. Aug. 14, 1919 ;-- CL 1929, 4367 ;-- CL 1948, 247.452
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.453 - Tax Set Aside; New Proceedings.

247.453 Tax set aside; new proceedings.
Sec. 53.
In case any tax assessed under the provisions of this act shall be set aside, except for the reason that the petition for the improvement does not confer jurisdiction to act, the county road commissioners, or the state highway commissioner, as the case may be, shall begin proceedings anew at the stage where they shall be correct.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4723 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4368 ;-- CL 1948, 247.453
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.454 - Apportionment Based on Benefits; Description of Lands.

247.454 Apportionment based on benefits; description of lands.
Sec. 54.
All apportionment for benefits under the provisions of this act, shall be upon the principle of benefits derived. All description of lands under the provisions of this act shall be made by bounding the same or by giving the local sub-divisions thereof; and it may be described by designations of the lot, or in some way by which it may be known and identified.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4724 ;-- CL 1929, 4369 ;-- CL 1948, 247.454
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.456 - Drainage; Petition of Commissioner.

247.456 Drainage; petition of commissioner.
Sec. 56.
In case the county road commissioners, or the state highway commissioner, shall deem it necessary for the proper drainage of the highway to be improved, that any drain or water course be laid out and established, deepened and widened, cleaned out, straightened or extended, they may petition the county drain commissioner for the same, and such petition shall have all the force and effect of the requisite petitions by freeholders to the county drain commissioner for the same purpose; and thereupon the county drain commissioner shall proceed to act upon such petition, and shall take the same steps that are provided for him to take under the drain laws of the state.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4726 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4371 ;-- CL 1948, 247.456
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.457 - Legal and Clerical Service, Expenses.

247.457 Legal and clerical service, expenses.
Sec. 57.
The county road commissioner, or the state highway commissioner, acting under the provisions of this act, may employ all necessary clerks, and such clerk hire, and any legal expense shall be charged to the several road districts in behalf of which they shall be employed. They may likewise employ an attorney when they deem the same necessary. All incidental expenses shall be paid out of the first moneys collected.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4727 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1919, Act 107, Eff. Aug. 14, 1919 ;-- CL 1929, 4372 ;-- CL 1948, 247.457
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.458 - Record of Proceedings; Supplies.

247.458 Record of proceedings; supplies.
Sec. 58.
The county road commissioners, or the state highway commissioner, shall procure record books, and keep a record of all the proceedings had under this act, and they shall procure the necessary stationery and supplies, which expense shall be paid by the county, or by the state as the case may be.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4728 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4373 ;-- CL 1948, 247.458
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.459 - County Road Commissioners; Annual Report.

247.459 County road commissioners; annual report.
Sec. 59.
The county road commissioners shall render an annual report to the board of supervisors, of their doings, showing itemized statements of all the sums ordered raised by them and expended by them. Such statements shall be filed on or before the first day of the annual meeting of the supervisors in October.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4729 ;-- CL 1929, 4374 ;-- CL 1948, 247.459
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.460 - County Road Commissioners; Administrative Board.

247.460 County road commissioners; administrative board.
Sec. 60.
The county road commissioners shall work together as an administrative board in the performance of their work.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4730 ;-- CL 1929, 4375 ;-- CL 1948, 247.460
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.462 - Repealed. 1958, Act 77, Eff. Sept. 13, 1958.

247.462 Repealed. 1958, Act 77, Eff. Sept. 13, 1958.
Compiler's Notes:
The repealed section provided for employment of an engineer.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.463 - Estimates and Certificates of Completed Work; Payments on Contracts, Prerequisites, Portion Withheld.

247.463 Estimates and certificates of completed work; payments on contracts, prerequisites, portion withheld.
Sec. 63.
As the work of improvement progresses, the county road commissioners, or the state highway commissioner, shall cause written estimates to be made, and certificates of work done and materials furnished, according to specifications, and of the value of the work accomplished by the several contractors. These estimates and certificates shall be made and signed by a competent engineer. At the request of any contractor doing work, such estimate shall be made at least once in each month. The county road commissioners, or the state highway commissioner, shall make no payment on any contract without such written estimates and certificates that the work is done according to specifications where the total contract price shall be 500 dollars or over. Before the final completion of the work and its final acceptance, they shall not pay more than 80 per cent of the amount of such estimates and certificates: Provided, That upon satisfactory showing of the paying of outstanding indebtedness as hereinafter provided the amount retained on such estimates may be proportionately reduced in the discretion of the state highway commissioner or the board of county road commissioners as the work progresses. Before payment is made on any estimate or certificate aforesaid, the contractor shall file an affidavit showing, either that all labor and material so far used in the improvement has been paid for by him, or an itemized statement giving the several amounts and names of persons to whom anything is owing for labor and material used in the particular improvement contracted for by him, or he shall file releases from all persons unpaid for either labor or material used in such improvement. In case it appears from such affidavits that any labor or material is not paid for, the county road commissioners, or the state highway commissioner, shall deduct from any payment to be made by them such indebtedness for material and labor. The county road commissioners, or the state highway commissioner, out of money so retained by them, may pay any such indebtedness; and they shall pay such indebtedness out of such money on the request of any contractor. They shall not be obliged to pay on the request of a creditor until such creditor shall have put his claim into final judgment.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4733 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- Am. 1921, Act 22, Imd. Eff. Mar. 31, 1921 ;-- CL 1929, 4378 ;-- CL 1948, 247.463
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.464 - Repealed. 1963, Act 213, Eff. Sept. 6, 1963.

247.464 Repealed. 1963, Act 213, Eff. Sept. 6, 1963.
Compiler's Notes:
The repealed section required bond of successful bidder.
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-MISCELLANEOUS. - Miscellaneous. (247.453...247.465) › Section 247.465 - Contracts Under $500; Payments.

247.465 Contracts under $500; payments.
Sec. 65.
The county road commissioners, or the state highway commissioner, may let contracts under 500 dollars without advertising. They may make payments on such contracts without the estimates and certificates above required.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4735 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4380 ;-- CL 1948, 247.465
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.466 - Certiorari; Notice, Hearing, Bond; Proceedings, Setting Aside; Costs; Postponement in Letting of Contracts.

247.466 Certiorari; notice, hearing, bond; proceedings, setting aside; costs; postponement in letting of contracts.
Sec. 66.
The proceedings herein provided for improving any highway, shall be subject to review upon certiorari. Notice of such certiorari shall be served upon the county commissioners, or 1 of them or upon the state highway commissioner, within 10 days after the making of their apportionment of benefits for such improvement has been filed with the county clerk in the same manner as notice is required to be given of certiorari for reviewing judgments returned by the justice of the peace, and the writ shall be issued and served, and the bond given and approved, and all subject matter brought to issue in the same way and manner as in such case provided, except that such certiorari may be heard by the court during term, or at chambers, upon 5 days' notice given to the opposing party; and the circuit court of the county shall hear and determine the same without necessary delay; and if any material defect be found in the proceedings, such proceedings shall be set aside in so far as erroneous with consent to the county road commissioners, or the state highway commissioner, to proceed anew with their proceedings from the point where the defect occurs. The entire proceedings shall not be set aside except where the county road commissioners, or the state highway commissioner, are found to have no jurisdiction to act upon the petition presented. If the proceedings be sustained, the party bringing the certiorari shall be liable for the costs thereof; and if they be not sustained in whole, or in part, the parties petitioning for the proposed improvement, shall be liable for the costs. If no certiorari be brought within the time herein described, the improvements shall be deemed to have been legally ordered and established, and its legality shall not thereafter be questioned in any suit at law, or in equity. When such proceedings are brought, the county road commissioners, or the state highway commissioner, shall postpone the letting of contracts if they have not been let, and of all other proceedings until after the determination of the court.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4736 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4381 ;-- CL 1948, 247.466
Compiler's Notes:
In the second sentence of this section, “necessary” evidently should read “unnecessary.”
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.467 - Tax Assessment; Irregularities Not Prejudicial; Presumptions; Prima Facie Evidence; Absent or Omitted Records; Signing of Papers; Deeds.

247.467 Tax assessment; irregularities not prejudicial; presumptions; prima facie evidence; absent or omitted records; signing of papers; deeds.
Sec. 67.
A tax assessed under this act upon any property or sale of the property shall not be held invalid by any court of this state on account of any irregularity in any assessment, or on account of any tax roll not having been made, or proceeding had within the time required by law, or on account of the property having been assessed without the name of the owner, or in the name of any person other than the owner, or on account of any other irregularity, informality, omission, or want of any matter or form or substance in any proceeding that does not prejudice the property rights of the person whose property is taxed. All proceedings in assessing and levying taxes, and in the sale and conveyance therefor, shall be presumed by all the courts of this state to be legal until the contrary is affirmatively shown. All records, statements and certificates provided for under this act shall be prima facie evidence of the facts therein set forth. The absence of any record of any proceeding or proceedings, or the omission of any mention in any record of any vote or proceeding, or mention of any matter in any statement or certificate that should appear therein under this act, does not affect the validity of any proceeding, tax, or title thereon, if the fact that the vote or proceeding was had or tax authorized is shown by any other record, statement or certificate made evidence by the terms of this act or any other law of this state. A tax or sale of property for any tax shall not be rendered or held invalid by showing that any record, statement, affidavit, certificate, paper, or return cannot be found in the proper office. Unless the contrary is affirmatively shown, the presumption shall be that the record was made, and that the certificate, statement, affidavit, paper, or return was duly made and filed. If any statement, certificate, or record is required to be made or signed by the county road commissioners, that statement, certificate, or record may be made and signed by the members of the commission, or a majority of them, and it is not necessary that other members be present when each signs the statement, certificate, or record. The provisions of this section shall not be construed to authorize any showing impeaching the validity of any deed executed by the state treasurer under this act, but the deed shall be held absolute and conclusive as provided in general tax laws of this state.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4737 ;-- CL 1929, 4382 ;-- CL 1948, 247.467 ;-- Am. 2002, Act 351, Imd. Eff. May 23, 2002
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.468 - Limitation of Actions; Tax Payment Under Protest; Suit Against County.

247.468 Limitation of actions; tax payment under protest; suit against county.
Sec. 68.
No suit shall be instituted to recover any tax or money paid, or for property therefor, or for damages on account thereof, unless brought within 30 days from the time of payment of such money to, or for the sale of such property by, the collecting officers; and if such tax be paid under protest, the reasons therefor shall be specified, and the same procedure observed as is, and may be required by the general tax law: Provided, That suits specified in this section shall be brought against the county at large.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4738 ;-- CL 1929, 4383 ;-- CL 1948, 247.468
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.469 - Injunction Restricted.

247.469 Injunction restricted.
Sec. 69.
After any taxes shall have been assessed for the improvement of any highway under this act, no injunction shall issue to restrain the spreading of the same upon the tax roll, nor to restrain the collection thereof, nor shall the same be in any manner stayed, except as provided in provisions for certiorari unless the amount of such assessment shall be first paid to the county treasurer to be applied upon such taxes in case the court in which the suit upon which such injunction is tried, shall so order.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4739 ;-- CL 1929, 4384 ;-- CL 1948, 247.469
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.470 - Faulty Proceedings; Collection of Tax; New Proceedings.

247.470 Faulty proceedings; collection of tax; new proceedings.
Sec. 70.
The collection of no tax levied, or ordered to be levied for the payment of the improvement or construction of any highway laid out under this act shall be perpetually enjoined, or declared absolutely void in consequence of any error or informality appearing in the record of the proceedings under which any highway shall have been constructed or improved, nor on account of any irregularity or informality in the condemnation of the right of way, nor for want of any record thereof, but the court in which any action may be brought to recover any tax or assessment paid, or to declare void the highway proceedings, or to enjoin any tax or assessment levied or ordered to be levied for the payment of the labor and expenses of the improvement thereof, shall, if there be manifest error in the proceedings, allow the county road commissioners, or the state highway commissioner, to begin their proceedings anew at the stage prior to which the error occurred.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4740 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4385 ;-- CL 1948, 247.470
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.471 - Delinquent Tax; Collection.

247.471 Delinquent tax; collection.
Sec. 71.
Any taxes that may have been assessed and returned delinquent to the county treasurer upon any lands and by virtue of the provisions of this act and remaining unpaid, may be sued for, by the county road commissioners of the county in which such delinquent lands are situated, or by the state highway commissioner, in an action of assumpsit before any court of competent jurisdiction; or the county road commissioners, or the state highway commissioner, may file their bill in equity to enforce the lien of such tax against the real estate charged therewith, in the same manner as mortgages are foreclosed in chancery. The court may order the sale of such delinquent lands at any time after 6 months from the filing of such bill in chancery.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4741 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4386 ;-- CL 1948, 247.471
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.472 - Tax Set Aside; Parties to Action.

247.472 Tax set aside; parties to action.
Sec. 72.
In case any suit shall be brought to set aside any tax assessed under the provisions of this act, or in any way attacking the legality of the proceedings had under this act, the county road commissioners, or the state highway commissioner, shall be made a party to such suit. The county in which such road district shall be situated, if operating under the county road system, shall likewise be made a party and process shall be served upon the clerk of such county.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4742 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4387 ;-- CL 1948, 247.472
2023 Michigan Compiled Laws › Chapter 247 - Highways › Act 59 of 1915 - Construction, Improvement, and Maintenance of Highways (247.415 - 247.487) › 59-1915-ACTIONS-AND-HEARING-PROVISIONS. - Actions and Hearing Provisions. (247.466...247.487) › Section 247.473 - Tax Set Aside; New Proceedings.

247.473 Tax set aside; new proceedings.
Sec. 73.
In case any tax assessed under the provisions of this act shall be set aside, except for the reason that the petition for the improvement does not confer jurisdiction to act, the county road commissioners, or the state highway commissioner, as the case may be, shall begin proceedings anew at the stage where they shall be correct.
History:
1915, Act 59, Eff. Aug. 24, 1915 ;-- CL 1915, 4743 ;-- Am. 1917, Act 125, Imd. Eff. Apr. 25, 1917 ;-- CL 1929, 4388 ;-- CL 1948, 247.473