reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.27 - Supplies; Blank Applications, Office, Location, Hours.

280.27 Supplies; blank applications, office, location, hours.
Sec. 27.
County clerks, or the board of auditors in counties having such boards, shall be authorized, and it shall be their duty to procure, at the expense of their respective counties, the necessary books, blanks and stationery for the use of said commissioners; and each commissioner shall furnish upon request blank applications or petitions to any person who may desire to file the same under this act. The office of the commissioner shall be furnished at the expense of the county by the board of supervisors, or by the board of auditors in counties having such boards, and shall be maintained at the county seat, in which said office said commissioner shall be and remain at least 1 day per week, such day to be painted on the door of the commissioner's office and printed or stamped on his stationery.
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.28 - County Drain Commissioner; Salary and Expenses; Itemized and Verified Expense Account.

280.28 County drain commissioner; salary and expenses; itemized and verified expense account.
Sec. 28.
(1) Each commissioner shall receive an annual salary to be paid as other county officers are paid, the amount of the salary to be fixed by the county board of commissioners before November 1 of each year in the same manner as the salaries of other county officers are fixed. The salary may be increased but shall not be decreased during his or her term of office, and in addition, each commissioner shall be allowed his or her actual necessary expenses, including traveling expenses incurred in the discharge of the duties of the office, including all actual and necessary expense for clerk hire and recording by the county board of commissioners or board of county auditors to be paid by the county. The expense account shall be an itemized account and verified by oath taken before a proper officer. The amounts paid to the commissioner for salary and expenses shall be in full for all services rendered by the commissioner and all expenses incurred in the performance of the duties of the office.
(2) Notwithstanding subsection (1), for a county which has a county officers compensation commission, the compensation for each county drain commissioner shall be determined by that commission. A change in compensation for a county drain commissioner of a county which has a county officers compensation commission shall commence at the beginning of the first odd numbered year after the determination is made by the county officers compensation commission and is not rejected.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1965, Act 9, Eff. Mar. 31, 1966 ;-- Am. 1968, Act 78, Imd. Eff. Nov. 15, 1968 ;-- Am. 1978, Act 478, Eff. Dec. 1, 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 280.29 - Surveys; Use of Books, Equipment, Field Notes, Profiles, Blueprints, Specifications, Estimates, Engineers.

280.29 Surveys; use of books, equipment, field notes, profiles, blueprints, specifications, estimates, engineers.
Sec. 29.
The county shall furnish the commissioner with all necessary books and papers for use in the survey, and such office equipment as shall be necessary in making profiles, blueprints and specifications in any drainage district. The surveyor or engineer shall file with the commissioner all field notes, blueprints, profiles, estimates and all other papers in his possession relating to said drain. The board of supervisors of any county may employ an engineer who shall perform under this act the services required to be performed by an engineer or surveyor.
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.30 - Drainage District; Financial Statement, Records, Prerequisites to Tax Spread.

280.30 Drainage district; financial statement, records, prerequisites to tax spread.
Sec. 30.
It shall be the duty of each commissioner to make and keep a full financial statement of each drainage district. The commissioner shall also make and keep in his office in a book to be provided for that purpose a complete record of each drainage district, which record shall include a copy of the application for laying out and designating such district, of the petition for the drain, of the minutes of the survey, of the releases of the right of way where the same have been released, of the orders of determination of the necessity for and of the establishment of the drain, and of the apportionment and assessment of benefits therefor. Where special commissioners have been called, it shall also contain a copy of the application to the probate court, of the return of the special commissioners and of all other papers in his office necessary to show a complete history of each drainage district, all of which said original papers shall then be enrolled and filed in the office of the county drain commissioner. No drain tax shall be spread until all the records required have been deposited and filed in the office of the county drain commissioner.
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) › 40-1956-2. - Chapter 2. County Drain Commissioner. (280.21...280.33) › Section 280.31 - List of Drainage Districts Assessed for Maintenance Work; Annual Report and Financial Statement to County Board of Commissioners; Reports and Information Required by Director of Department; Liability on Bond.

280.31 List of drainage districts assessed for maintenance work; annual report and financial statement to county board of commissioners; reports and information required by director of department; liability on bond.
Sec. 31.
(1) A drain commissioner shall prepare a list of drainage districts that are assessed for maintenance work under section 196. The list shall include the name of the drain and the amount being assessed annually to the drainage district. A drainage district shall be included on a list for the duration of the assessment associated with the maintenance work. The commissioner shall update the list annually after the commissioner has filed all special assessment rolls under section 262(1) but not later than November 1. The commissioner shall make the list available upon request. If the commissioner maintains an official internet presence, the commissioner shall post and maintain the list on a portion of the website that is fully accessible to the public. If the drain commissioner does not maintain an official internet presence, the list shall be posted and maintained on the county website.
(2) At the annual October meeting of the county board of commissioners, a drain commissioner shall make a report to the county board of the drainage districts laid out and the drains constructed, finished, or begun under the drain commissioner's supervision during the year ending September 30 and shall submit to the board a full financial statement of each drainage district. If authorized by resolution of the county board of commissioners, the report shall be made before April 2 of each year and shall cover the preceding calendar year. A drain commissioner shall also make reports and furnish information as required by the director of the department of agriculture and rural development.
(3) A report under subsection (2) shall include an itemized statement of the orders issued on account of each drainage district and a debit and credit balance of the district fund. The commissioner is liable on the blanket bond or his or her individual bond for gross neglect of duty or a misapplication of money under his or her control as commissioner.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 104, Imd. Eff. Apr. 6, 1978 ;-- Am. 1978, Act 633, Imd. Eff. Jan. 8, 1979 ;-- Am. 2020, Act 291, Eff. Mar. 24, 2021
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 280.32 - Drain Commissioner; Social Security; Agreement for Coverage; Appropriation.

280.32 Drain commissioner; social security; agreement for coverage; appropriation.
Sec. 32.
The board of supervisors of each county having a drain commissioner may adopt a resolution authorizing the county to enter into an agreement with the secretary of health, education and welfare pursuant to the provisions of Act No. 205 of the Public Acts of 1951, as amended, being sections 38.851 to 38.870 of the Compiled Laws of 1948, to allow the drain commissioner and all the employees of the drain commissioner's office to obtain the benefits provided by the federal social security act. The funds necessary for this coverage shall be appropriated from the county general fund or from the revolving drain fund.
History:
Add. 1966, Act 109, Imd. Eff. June 22, 1966
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 280.33 - Salary of Commissioner, Deputy Commissioners, Clerks, and Employees; Payment From General Fund; Drain Maintenance Employees; Hiring, Status, and Compensation; Reimbursement of County General Fund by Drain Districts; Waiver.

280.33 Salary of commissioner, deputy commissioners, clerks, and employees; payment from general fund; drain maintenance employees; hiring, status, and compensation; reimbursement of county general fund by drain districts; waiver.
Sec. 33.
(1) The salary of the commissioner, deputy commissioners, and clerks and employees of the drain commissioner's office shall, except as otherwise provided in this act, be paid from the general fund of the county in the same manner and at the same time as other county employees are paid.
(2) The drain commissioner may, with the approval of the county board of commissioners, hire drain maintenance employees. Such drain maintenance employees shall be considered county employees and shall be compensated from the general fund of a county in the same manner and at the same time as other county employees.
(3) The general fund of a county shall be reimbursed by the drain districts in which work is performed by drain maintenance employees hired by the commissioner pursuant to subsection (2) for compensation, including the cost of fringe benefits, paid to the drain maintenance employees by the county from its general fund. The county board of commissioners may waive the reimbursement for emergency work not exceeding $800.00 performed on any 1 drain during the course of 1 year.
History:
Add. 1976, Act 337, Imd. Eff. Dec. 15, 1976 ;-- Am. 1980, Act 121, Imd. Eff. May 21, 1980 ;-- Am. 1982, Act 356, Imd. Eff. Dec. 21, 1982
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) › 40-1956-3. - Chapter 3. County Drainage Districts. (280.51...280.54) › Section 280.51 - County Drainage Districts; Application, Signers, Eligibility, Sufficiency; Deposit for Costs.

280.51 County drainage districts; application, signers, eligibility, sufficiency; deposit for costs.
Sec. 51.
Before a commissioner takes any action on any application to locate, establish and construct any drain, there shall first be filed with him an application to lay out and designate a drainage district with reference to a proposed drain therein; such application shall tentatively describe the location and route of such proposed drain. The application shall be signed by not less than 10 freeholders of the township or townships in which such proposed drain or the proposed lands to be drained thereby may be situated: Provided, That 5 or more of said signers shall be the owners of land liable to an assessment for the construction of such proposed drain: Provided further, If it shall appear to the drain commissioner on filing an application to lay out and designate a drainage district that said district might not include 20 freeholders whose lands would be liable for such assessment, in such case such application shall be received if any one of the signers is a freeholder liable to an assessment for the construction of such proposed drain. The eligibility of the signers to such application shall be determined by the drain commissioner according to their interest of record in the office of the register of deeds, in the probate court or in the circuit court of the county in which such lands are situated at the time such application is filed. The board of supervisors, by resolution, may instruct the drain commissioner to refuse any application to lay out a drainage district unless a cash deposit, sufficient to cover the preliminary costs, accompanies the application. If the drain is completed, the cost advanced shall be returned to the depositor or his personal representative out of the first tax collections on the drain. If uncompleted, any excess above costs shall be so returned. In lieu of an application signed by freeholders as aforesaid, such an application may be signed solely by the board of health of the county if the proposed drain is necessary for the public health of any part of the county, or may be signed solely by any city, village or township when duly authorized by its governing body, if the proposed drain is necessary for the public health of such municipality and if such municipality will be liable for an assessment at large against it for a percentage of the cost of the proposed drain. The entry of an order designating a drainage district, as hereinafter provided, shall be deemed a determination of the sufficiency of such application.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957
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) › 40-1956-3. - Chapter 3. County Drainage Districts. (280.51...280.54) › Section 280.52 - County Drainage Districts; Practicability of Drainage; Survey, Determination; Tax Delinquency.

280.52 County drainage districts; practicability of drainage; survey, determination; tax delinquency.
Sec. 52.
Upon filing of such application for a new drainage district, the commissioner shall immediately cause a survey to be made by a competent surveyor or engineer to determine the area which would be drained by the proposed drain, and the route and type of construction of the drain or drains most serviceable for that purpose. He shall not be limited in such determination to the route described in the application. In any county having a board of county auditors, no survey shall be ordered without the approval of such board but if the application shows, or it is determined thereafter, that any such proposed drainage district will affect lands in more than 1 county, the commissioner shall proceed under the portions of chapter 5 of this act relating to intercounty drains, and in such case the approval of the board of county auditors shall not be required. If upon the survey, or if before the survey is made, the commissioner determines that the proposed drain is impractical, he shall take no further action thereon but shall, in writing, notify the persons who delivered the application to him, of that fact, and his reasons for making his determination. If upon the survey the commissioner determines the proposed drain to be practical, he shall lay out a drainage district, prepare and file in the office of the drain commissioner a description of the drainage district, which may be described by its boundaries of highways and streets and tracts and parcels of land including therein all highways and streets, townships, cities and villages or by a description of all tracts or parcels of land, highways, townships, cities and villages which would be benefited by the construction of the proposed drain, and which would be liable to an assessment therefor, should the drain be constructed as hereinafter provided. The commissioner shall obtain from the county treasurer a statement showing as near as may be the amount of taxes and special assessments levied against the lands in the proposed drainage district on the tax rolls for the 3 years next preceding, and the amount of such taxes and assessments remaining unpaid, and if it appears from the statement that 33 1/3% or more of the lands in the proposed drainage district have been returned as tax delinquent and still remain delinquent, no further action shall be taken.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1961, Act 212, Imd. Eff. June 6, 1961
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) › 40-1956-3. - Chapter 3. County Drainage Districts. (280.51...280.54) › Section 280.53 - County Drains; Surveyor, Duties; Route.

280.53 County drains; surveyor, duties; route.
Sec. 53.
The surveyor or engineer authorized to make the survey shall ascertain the size and depth of the drains and he shall preserve all minutes with reference thereto. He shall prepare preliminary plans, drawings and profiles thereof, together with a computation of the yards of earth to be excavated, the amount of tile or pipe to be used and the necessary bridges and culverts or fords to be built in constructing such proposed drain, and his estimate of the cost of such construction, and where practicable shall recommend the leveling of the spoil banks. He shall thereupon lay out a drainage district, which district may be described by its boundaries of streets or highways or tracts or parcels of land, or by a description of all tracts or all parcels of land, including therein all highways, townships, counties, cities and villages which would be benefited by the construction of the proposed drain, all of which he shall deliver to the commissioner. The surveyor or engineer shall not be limited to the route described in the application but may recommend a route and type of construction for the drains he considers most serviceable for draining the area involved.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1961, Act 212, Imd. Eff. June 6, 1961 ;-- Am. 1968, Act 79, Eff. Nov. 15, 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) › 40-1956-3. - Chapter 3. County Drainage Districts. (280.51...280.54) › Section 280.54 - Order Designating County Drainage District; Contents; Notice of Filing; Amendment of Name or Number of Drain; Procedure.

280.54 Order designating county drainage district; contents; notice of filing; amendment of name or number of drain; procedure.
Sec. 54.
The commissioner shall prepare and file in his office his order designating a drainage district and give it a name or number and describe therein the boundaries of the district by streets or highways or parcels of land for each of the several tracts or parcels of land included therein and the counties, townships, cities, villages and state trunk line highways which would be benefited by the construction of the drains and would be liable to assessment therefor, also a description of the drains as determined by him, showing the beginning, route, terminus, type of the proposed construction and the estimated cost of such proposed construction. The commissioner shall give notice of filing the order designating a drainage district by publishing a notice in a newspaper of general circulation in the county, or a newspaper of general circulation in the area where the drainage district boundaries are located, which notice shall give a general description of the route of the proposed drain or drains and of the drainage district as shown by the order.
At any time after the order designating a drainage district and giving it a name or number has been filed in the office of the drain commissioner, the order may be amended as to the name or number of the drain at any time by presenting to the drain commissioner of the county a petition signed by no less than 5 land owners whose land is traversed by the drain, which petition shall state the then present name or number of the drain and the change or changes to be made in the name or number. Upon receipt of such petition, and if in the drain commissioner's opinion it is to the best interest of all concerned that the name or number be changed, he shall make his order amending the name or number, and thereafter the drainage district shall be known by such name or number. The drain commissioner shall forthwith post such signs upon the drain as he may deem advisable for public notice of the new name or number.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1961, Act 212, Imd. Eff. June 6, 1961
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.72a - Judicial Determination of Necessity; Filing of Action.

280.72a Judicial determination of necessity; filing of action.
Sec. 72a.
Whenever the board of determination finds by majority vote of the whole number of members that the drain is or is not necessary, any person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a determination of necessity. The action shall be filed by the person aggrieved within 10 days after the determination of necessity or no necessity by the board of determination.
History:
Add. 1968, Act 291, Imd. Eff. July 1, 1968 ;-- 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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.73 - Proposed Drain; Plans, Specifications and Cost Estimates; Route, Approval; Easements on Rights of Way.

280.73 Proposed drain; plans, specifications and cost estimates; route, approval; easements on rights of way.
Sec. 73.
The commissioner shall secure from a professional engineer, plans, specifications and an estimate of cost of the proposed drain and descriptions of the lands or rights of way needed for the proposed drain. In approving the route of the drain as furnished by the engineers the commissioner shall not be limited to that described in the petition or in the first order of determination, if the new route is more efficient and serviceable. The commissioner shall endeavor to secure from the owners of each parcel or tract of land to be traversed or damaged by the proposed drain or drains an easement or release of right of way and all damages on account thereof.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1968, Act 79, Eff. Nov. 15, 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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.74 - Release of Right of Way; Acknowledgments, Oaths, Form, Area, Signature of Wife, Resolution Covering Street or Public Place; Open Drain.

280.74 Release of right of way; acknowledgments, oaths, form, area, signature of wife, resolution covering street or public place; open drain.
Sec. 74.
Commissioners may take acknowledgments of releases of right of way and administer oaths in all proceedings in any way pertaining to drains under this act. A simple form of release of right of way and damages that shall set forth by reference to the survey of the drain, or by other convenient description, the particular land to be conveyed and signed and acknowledged by the person having the right to convey, shall be deemed a sufficient conveyance under the provisions of this act. All releases for rights of way shall be deemed to include sufficient ground on each side of the center line of such drain for the deposit of the excavations therefrom. It shall not be necessary for the wife to sign the release of right of way unless she has an interest in the land other than her inchoate right of dower. Whenever a portion of a drain shall be located within any street, highway or public place, then a resolution adopted by a majority vote of the governing body having jurisdiction over such street, highway or public place granting leave to construct such drain therein, designating the place to be traversed by said drain, shall be a sufficient release of the right of way, and shall be deemed a sufficient conveyance under this act, and said governing body may permit the construction of an open drain if such consent be set forth in such resolution.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.75 - Condemnation Proceedings; Obtaining Right-of-Way, Easement, or Other Property Interest.

280.75 Condemnation proceedings; obtaining right-of-way, easement, or other property interest.
Sec. 75.
If any person whose lands would be traversed or damaged by a proposed drain has not executed a release of the right-of-way, the drainage district may institute condemnation proceedings to obtain the necessary right-of-way, an easement, or other property interest pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2013, Act 262, Imd. Eff. Dec. 30, 2013
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.76 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.76 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to hearing requirements for condemnation proceedings.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.77 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.77 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to citation requirements for condemnation proceedings.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.78 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.78 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to notices and orders relative to condemnation proceedings.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.79 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.79 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to conduct of condemnation proceedings.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.80 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.80 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to hearings and orders appointing special commissioners.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.81 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.81 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to determinations by court commissioners and adjournment requirements.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.82 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.82 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to verdicts in condemnation hearings.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.83 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.83 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to release of right of way and damages.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.84 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.84 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to setting off damages and benefits.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.85 - Owner's Use of Land of Right of Way.

280.85 Owner's use of land of right of way.
Sec. 85.
The owner of any land over, through or across which a district has acquired a right of way for the construction and maintenance of an open or covered drain by grant, dedication, condemnation or otherwise, may use the land occupied by such right of way in any manner not inconsistent with the easement of the district. Any use of the right of way which will interfere with the operation of the drain or will increase the cost to the district of performing any of its work thereon is deemed to be inconsistent with the district's easement. Any landowner who violates any of the above provisions shall be subject to the penalties provided in section 421 of this act.
History:
Add. 1962, Act 191, Eff. Mar. 28, 1963
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.86 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.86 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to owner's use of right of way.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.87 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.87 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to compensation of special commissioners.
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) › 40-1956-4. - Chapter 4. County Drains. (280.71...280.88) › Section 280.88 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.88 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to certificates, reports, and determinations as prima facie evidence.
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) › 40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106) › Section 280.101 - Intercounty Drainage Districts; Application; Filing; Signatures; Eligibility.

280.101 Intercounty drainage districts; application; filing; signatures; eligibility.
Sec. 101.
(1) Before any action is taken on a petition to locate, establish, and construct a drain that will traverse lands in more than 1 county, or affect more than 1 county, an application must be filed with a commissioner having jurisdiction of any of the lands to lay out and designate a drainage district. The application shall tentatively describe the location and route of the proposed drain. Except as provided in subsection (2), the application shall be signed by ten or more freeholders of the cities, villages, or townships in which the proposed drain or the lands proposed to be benefitted by the drain are located. Five or more of the signers shall be the freeholders whose lands will be liable for an assessment for the construction of the proposed drain. However, if it appears to the drain commissioner to whom the application is submitted that the drainage district may not include at least 20 freeholders whose lands will be liable for an assessment, the application shall be received if at least 1 of the signers is a freeholder whose land will be liable for an assessment. The eligibility of the signers to the application shall be determined by their interest of record in the office of the register of deeds, in the probate court, or in the circuit court of the county in which the lands are located at the time the application is filed.
(2) An application under subsection (1) need only be signed by a representative of a city, village, or township who is authorized by its governing body, if both of the following apply:
(a) The proposed drain is necessary for the public health of the city, village, or township.
(b) The city, village, or township will be liable for an assessment at large for a percentage of the cost of the proposed drain.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 2014, Act 551, Imd. Eff. Jan. 15, 2015 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106) › Section 280.102 - Intercounty Drainage Districts; Copies; Joint Drainage Board, Meeting, Time, Location, Notice.

280.102 Intercounty drainage districts; copies; joint drainage board, meeting, time, location, notice.
Sec. 102.
(1) Within 20 days after an application is filed under section 101, the commissioner shall send a copy of the application by certified mail to the director of the department of agriculture and rural development and the drain commissioner of each county in which lands that will benefit from the drain are located. The drain commissioners of the counties and the director of the department of agriculture and rural development or any deputy designated by the director constitute the drainage board.
(2) The director of the department of agriculture and rural development shall call a meeting of the drainage board. The meeting shall be held not less than 15 and not more than 60 days after the director's receipt of the application under subsection (1). The meeting shall be held in the immediate locality of the proposed drainage district. A notice of the meeting shall be served by the respective drain commissioner on the county clerk and a member of the board of county road commissioners of each county and the supervisor of each township and clerk of each city and village within the proposed drainage district personally or by certified mail at least 10 days before the public meeting. A notice of the meeting shall be published in each county in which lands liable for assessments for the drain are located once a week for 2 consecutive weeks before the meeting in a newspaper of general circulation in the county, if there is such a newspaper. The first publication shall be at least 10 days before the meeting.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106) › Section 280.103 - Chairperson of Drainage Board; Disqualification of Member; Determination of Practicability; Survey.

280.103 Chairperson of drainage board; disqualification of member; determination of practicability; survey.
Sec. 103.
(1) The director of the department of agriculture and rural development or a deputy selected by the director shall act as chairperson at the meeting of the drainage board under section 102. The drainage board shall consider the application to lay out and designate a drainage district and do all of the following at the meeting:
(a) Determine the sufficiency of the signatures on the application. If the signatures are insufficient, no further action shall be taken on that application.
(b) Consider the route and type of construction of the proposed drain.
(c) Take testimony to determine the practicability of the proposed drain.
(2) If a member of the drainage board would be disqualified under sections 381 and 383 from making an apportionment of benefits, both of the following apply:
(a) The drainage board member is disqualified from participation in the determination of practicability.
(b) A special commissioner shall be appointed pursuant to section 381 to serve as a member of the drainage board to determine practicability.
(3) The owner of any lands that would be liable to assessment for benefits for the proposed drain or would be crossed by the drain or any city, township, or village affected may appear for or against the drain proceedings. If at the meeting or at any subsequent time before the entry of the order designating a drainage district, the drainage board determines that the drainage of the proposed drain area is not practicable, no further action shall be taken on that application within 1 year. If the proposed drain is determined to be practicable, then the drainage board shall cause a survey to be made by a licensed professional surveyor or engineer to ascertain the area that would be benefited by the proposed drain and the route and type of construction of drain or drains most serviceable for that purpose.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-5. - Chapter 5. Intercounty Drainage Districts. (280.101...280.106) › Section 280.104 - Surveyor; Duties as to Intercounty Drain, Delivery of Papers to Board; Route.

280.104 Surveyor; duties as to intercounty drain, delivery of papers to board; route.
Sec. 104.
The surveyor or engineer authorized to make the survey shall ascertain the size and depth of the drains, and shall preserve all minutes with reference thereto. He shall prepare plans, drawings and profiles thereof, together with a computation of the yards of earth to be excavated, and where practicable the leveling of the spoil banks or the amount of tile or pipe to be used and the necessary bridges and culverts or fords to be built in constructing the proposed drains, and his estimate of the cost of such construction. He shall thereupon lay out a proposed drainage district, which district may be described by its boundaries of streets and highways or tracts or parcels of land or by a description of all tracts or parcels of land, including therein all highways, townships, counties, cities and villages which would be benefited by the construction of the proposed drain, all of which he shall deliver to the drainage board. The surveyor or engineer shall not be limited to the route described in the application, but may recommend a route and type of construction for the drains he considers most serviceable for draining the area involved.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1961, Act 212, Imd. Eff. June 6, 1961
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.122a - Judicial Determination of Drain Necessity; Filing of Action.

280.122a Judicial determination of drain necessity; filing of action.
Sec. 122a.
Whenever the drain board finds by majority vote of the whole number of members that the drain is or is not necessary, a person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a determination of necessity. The action shall be filed by the person aggrieved within 10 days after the determination of necessity or no necessity by the drain board.
History:
Add. 1970, Act 112, Imd. Eff. July 23, 1970
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.123 - Apportionment of Benefits; Assessment, Correction, Appeal.

280.123 Apportionment of benefits; assessment, correction, appeal.
Sec. 123.
(1) After securing the necessary property rights or interests as provided in this act, the drainage board shall determine the percentage of the whole cost of the drain to be apportioned to each county and shall include the determination in the final order of determination. If the drain commissioners cannot agree unanimously on the apportionment between counties, the chairperson shall propose the apportionment. If the drainage board cannot agree unanimously on the apportionment of benefits proposed by the chairperson, the matter shall be submitted to the board of arbitration in the manner prescribed in section 106 and that board's decision is final.
(2) After the apportionment of benefits is made under subsection (1), the commissioner of each county in which any part of the drainage district is located, unless disqualified under section 381, shall apportion the benefits for the construction of the drain to each tract or parcel of land, to any county, township, city, or village, and to any state trunk line highway within the drainage district, in the manner provided in chapter 7. The percentage so apportioned when finally approved shall be assessed against such counties, townships, cities, villages, highways, and lands according to the apportionment of benefits. The apportionment of benefits so made is subject to review and correction and may be appealed as provided in chapter 7.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 646, Eff. Mar. 28, 2019
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.124 - Meetings of Drainage Board to Receive Bids and Review Apportionment of Benefits; Notice.

280.124 Meetings of drainage board to receive bids and review apportionment of benefits; notice.
Sec. 124.
After such apportionment shall have been made by each of the commissioners, the chairman of the drainage board shall prepare and have printed notice of a meeting to be held at some convenient place, not less than 20 days from the date of such notice, for the purpose of receiving bids for the construction of such drain, and also for the holding of a public meeting not less than 5 nor more than 30 days after the date set for receiving bids, at which a review will be held of the apportionment of benefits made as aforesaid.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.125 - Meetings of Drainage Board; Review, Appeal, Computation of Costs.

280.125 Meetings of drainage board; review, appeal, computation of costs.
Sec. 125.
At such meeting the respective commissioners shall hear the proofs and allegations offered and shall reconsider and review the descriptions of land in that county forming a part of the drainage district, the apportionment of benefits, and define and equalize the same as may seem just and equitable. The persons entitled to appear and offer proof may appeal from such review and the manner of taking such appeal shall be as prescribed in chapter 7 of this act, being sections 151 to 161, inclusive.
Bids shall be received and computation of the total cost of the drain shall be made, as hereinafter provided, before the time set for review of the apportionment, and such computation shall be open to inspection at the time of review. If such computation shall not be completed before the day of review, such review may be adjourned from time to time, not more than 20 days in all for the completion of such computation, or a new hearing may be called with like notice by publication, posting and service at least 10 days before such hearing. If for any reason the contracts on which such computation was based shall not be executed and new contracts shall be let at a higher price, a corrected computation shall be made and a new review held with like notice.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.126 - Construction of Drain; Receipt of Bids and Letting of Contracts; Abandonment of Petition; Order; Notice.

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