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) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.127 - Releases of Right of Way and Damages.

280.127 Releases of right of way and damages.
Sec. 127.
Within 60 days next succeeding the entry of the first order of determination the said commissioners shall within their respective counties endeavor to secure from the owner of each parcel or tract of land which would be traversed or damaged by said proposed drain a release of the right of way and all damages on account thereof.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.128 - Condemnation Proceedings; Obtaining Right-of-Way, Easement, or Other Property Interest.

280.128 Condemnation proceedings; obtaining right-of-way, easement, or other property interest.
Sec. 128.
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. 1965, Act 108, Imd. Eff. June 30, 1965 ;-- 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) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.129 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

280.129 Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.
Compiler's Notes:
The repealed section pertained to meetings of special commissioners.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) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.130 - Computation of Construction Cost; Certification of Special Assessment Rolls, Filing; Levy and Collection of Taxes.

280.130 Computation of construction cost; certification of special assessment rolls, filing; levy and collection of taxes.
Sec. 130.
The commissioners of each county affected shall within the time limited in chapter 11, being sections 261 to 280, inclusive, of this act, and in the manner therein prescribed compute the cost of construction of said drain, prepare and certify the special assessment rolls and file the same with the county drain commissioners. Each and everything necessary to be done in the levy and collection of drain taxes under this chapter shall be done within the time limited and in the manner prescribed in said chapter 11 of this act.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135) › Section 280.131 - Drain Record; Certified Copies Furnished Other Commissioners, Filing.

280.131 Drain record; certified copies furnished other commissioners, filing.
Sec. 131.
A full record of such drain shall be made and entered by the several commissioners in the drain record books of their respective counties, and a certified copy of all the papers relative to the construction of such drain shall be delivered to the other commissioners by the commissioner having the original application or petition, which certified copies shall be filed in the office of the county drain commissioner of their respective counties as original papers are required to be filed and with the same force and effect.
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 280.132 - Drainage Bonds; Issuance; Terms; Deposit of Money; Disposition.

280.132 Drainage bonds; issuance; terms; deposit of money; disposition.
Sec. 132.
If it is determined that the assessments shall be collected in more than 2 installments, the drainage board, acting on behalf of the drainage district, may borrow money and may issue bonds in the manner provided for drains lying wholly within 1 county. The bonds shall be signed by the members of the drainage board and shall be countersigned by the clerks of the counties affected. Bonds issued under this chapter shall be payable at the office of the county treasurer of the county to which the larger percentage of the cost of construction is apportioned, and the bonds shall be deposited and safely kept by the treasurer until the bonds are sold and delivered. All installments, including interest, of the special assessments shall be transmitted as collected by the treasurer or treasurers of the other county or counties concerned to the treasurer of the county to which the larger percentage is apportioned, who shall issue his or her receipt and shall deposit the money in the fund of the drain to be disbursed solely for the payment of the bonds at maturity or upon mandatory redemption and the payment of interest on the bonds.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2016, Act 27, Imd. Eff. Mar. 1, 2016
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 280.133 - Interstate Drain; Application and Petition, Drainage District, Proceedings; Release of Right of Way, Obstruction Agreement.

280.133 Interstate drain; application and petition, drainage district, proceedings; release of right of way, obstruction agreement.
Sec. 133.
Whenever any proposed drain lies wholly or partly in an adjoining state, or the lands to be drained thereby lie partly in an adjoining state, application to lay out a drainage district and a petition for the construction of such drain may be made to any commissioner representing any county in this state in which any portion of such proposed drain or lands to be affected thereby lie, and the same proceedings shall be had touching the portion of such drain or the lands to be drained or affected thereby, lying within this state as are provided in this chapter in the case of drains and lands lying wholly within this state: Provided, That before any expense shall be incurred in relation to any such proposed drain, a voluntary release of the right of way to construct such portion of such drain as may lie without this state and an agreement to keep the same or permit the same to be kept clear from obstruction shall first be obtained from the parties owning lands outside of this state through which such drain or portion thereof is to pass, and such release and agreement shall be filed with the said drain commissioner and shall form a part of the record of his proceedings in the premises.
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 280.134 - Intercounty Drain; Venue of Actions; Appointment of Outside Circuit Judge.

280.134 Intercounty drain; venue of actions; appointment of outside circuit judge.
Sec. 134.
Any action involving intercounty drains, except such actions as may be brought directly in the supreme court, may be brought in the circuit court of any county in which any part of the intercounty drain is located: Provided, That on request by any party to said action made prior to the time said action is instituted, or within 30 days after receipt of process, the presiding circuit judge of Michigan shall appoint a circuit judge of any judicial circuit not wholly or partially located within any county in which any part of the intercounty drain is located to hear said action.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.151 - Final Order of Determination; Filing; Contracts for Sections or Whole; Apportionment of Costs, Benefits; Review, Appeal.

280.151 Final order of determination; filing; contracts for sections or whole; apportionment of costs, benefits; review, appeal.
Sec. 151.
Upon the release of the right of way and damages, or upon the determination and return of the special commissioners, the commissioner shall make his final order of determination establishing the drain, which drain shall be divided into convenient sections for the letting of contracts: Provided, That the commissioner may let the drain in sections or as a whole. Said order of determination shall be filed with the county drain commissioner within 5 days after such order is made. He shall, before the day of letting and review, fix the number of installments for the collection of drainage taxes and apportion the per cent of the cost of construction of such drain which any township, city or village traversed or benefited thereby shall be liable to pay by reason of the benefit to the public health, convenience or welfare, or as the means of improving any highway under the control of such township, city or village. He shall apportion the per cent of the cost of construction of such drain which any highway then under the control of the county or district road commissioners, shall be liable to pay by reason of benefits therefor, and as the means of improving such highway. He shall also apportion the per cent of the cost of construction of such drain which any state trunk line highway, under the control of the state highway commissioner, shall be liable to pay by reason of benefits therefor and as the means of improving said highway. He shall also apportion the per cent of benefits to accrue to any piece or parcel of land by reason of the construction of such drain over and above the per cent apportioned to any township, city or village at large or to any highway as above provided. Such per cent so apportioned when finally approved shall be assessed against such townships, cities and villages and against the county at large by reason of the improvement of the highways within the drainage district, and against the state by reason of the improvement of the state trunk line highways within such drainage district, and against all parcels of land therein according to such apportionment of benefits as herein provided. The apportionment of benefits so made shall be subject to review and correction and may be appealed from as in this act provided. The board of supervisors at its October meeting each year shall make provision by proper assessment of the amounts apportioned against any highway under the control of the county and district highway commissioners.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.152 - Apportionment of Benefits; Description of Lands.

280.152 Apportionment of benefits; description of lands.
Sec. 152.
All apportionments of benefits under the provisions of this act shall be upon the principle of benefits derived. All descriptions of land under the provisions of this act shall be made by giving the legal subdivision thereof, whenever practicable, and when the tract of land which is to be benefited or affected by such drain is less than such legal subdivision it may be described by designation of the lot or other boundaries, or in some way by which it may be known.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.153 - Order to Contain Description of Special Assessment District; Designation.

280.153 Order to contain description of special assessment district; designation.
Sec. 153.
Such order of determination shall contain a description of the district to be assessed for benefits in the construction of said drain, either by boundaries or by description of the several tracts or parcels of land to be assessed, which said tracts or parcels and the county, townships, cities, villages and highways therein shall constitute the special assessment district, and which district shall in said order be designated by name or number.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.155 - Bids; Appeal; Application for Board of Review, Bond.

280.155 Bids; appeal; application for board of review, bond.
Sec. 155.
The owner of any land in the drainage district or any city, township, village, district or county having control of any highway which may feel aggrieved by the apportionment of benefits so made by the commissioner, may, within 10 days after the day of review of such apportionments, 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, by filing with said probate court a notice of appeal and at the same time filing with said court a bond in such sum as the judge of probate may require, with 1 or more sureties to be approved by the judge of probate, conditioned upon the payment of all costs in case the apportionment made by the commissioner shall be sustained. Such appeal may be taken by the county or district road commissioners in behalf of the county, the mayor of any city in behalf of the city, by the supervisor in behalf of any township, or by the president of any village in behalf of the village when authorized by the village or city council, township board or road commission, respectively. Only 1 board shall be appointed by such probate court.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.156 - Bids; Board of Review, Appointment, Meeting, Time, Notice, Duties.

280.156 Bids; board of review, appointment, meeting, time, notice, duties.
Sec. 156.
The probate court upon receipt of any such application as hereinbefore provided for shall forthwith notify the commissioner in writing of such appeal, and shall thereupon make an order appointing 3 disinterested and competent freeholders of such county, not residents of the township or townships affected by said drain, as members of a board of review. The persons so appointed shall constitute the board of review. The court shall thereupon, with the concurrence of the commissioner, immediately fix the time and place when and where said board of review shall meet to review said apportionments, which time shall not be less than 10 nor more than 15 days from the date of filing such appeal. The commissioner shall thereupon give notice to the persons so appointed of their appointment and of the time and place of meeting, and shall give notice of such meeting by posting notices in at least 5 public places in each township forming a part of the drainage district, and shall serve a like notice upon the appellant if he be a resident of any township affected. Such notice shall be made not less than 5 days before the day of hearing and shall be made by personal service. Proof of service of notice of appeal shall be made by the person serving said notice and be filed in the office of the judge of probate. At such hearing the board of review shall have the right, and it shall be their duty, to review all apportionments for benefits made by the commissioner on such drain. The persons so appointed shall be sworn by the commissioner to faithfully discharge the duties of such board of review.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.157 - Board of Review; Duties Generally; Changes in Apportionment; Added Lands; Adjournment; Notice; Action and Decision.

280.157 Board of review; duties generally; changes in apportionment; added lands; adjournment; notice; action and decision.
Sec. 157.
The board of review shall proceed at the time, date, and place specified in the notice to hear the proofs and allegations of the parties in respect to an appeal, shall proceed to view the lands benefited by the drain and shall review the apportionments made by the commissioner on the drain. If in their judgment there is a manifest error or inequality in the apportionments they shall order and make the changes in the apportionment as they may consider just and equitable. If the board of review upon personal examination finds that a land liable to be assessed for the construction of the drain is not included in the drainage district made by the commissioner, they shall add the land to the drainage district of the drain and shall adjourn the review to another time or place as they consider proper, but not in all more than 20 days from and after the time of review first advertised. The notice of the adjournment shall contain a description of lands added to the drainage district. The notice shall be given at least 10 days before the adjourned day of review. Should the owners of land liable to an assessment be nonresidents of the county, personal notice shall be served on the owners, or a notice shall be published in a weekly newspaper published in the county, of at least 2 insertions, giving the description of the land added to the assessment district and giving the time, date, and place where the board shall meet. The action and decision of the board shall be final. The action and decision shall be reduced to writing and signed by a majority of the board making the decision, and shall be delivered to the commissioner together with other papers relating to the decision.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.158 - Appeal Cost and Expenses; Liability on Bond.

280.158 Appeal cost and expenses; liability on bond.
Sec. 158.
In case the apportionment of the commissioner shall be sustained by such board of review the appellant shall pay the whole costs and expenses of such appeal. Such costs and expenses shall be ascertained and determined by the judge of probate, and if not paid the appellant shall be liable on his bond for the full amount of such costs in an action at law, to be brought by the commissioner on the bond before any court having competent jurisdiction.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.159 - Board of Review; Vacancies, Adjournment.

280.159 Board of review; vacancies, adjournment.
Sec. 159.
Should any or all of the persons so appointed as a board of review neglect or refuse to serve or be unable to act, the commissioner shall adjourn the hearing for a sufficient length of time, not exceeding in all 10 days, to enable him to apply to the probate court, for the appointment of other persons to act on such board of review and shall make public announcement of the time and place of such adjournment. The review shall thereupon be deemed a continuous proceeding and no further notice shall be required. The probate court shall upon the showing being made, either that any or all the persons appointed as aforesaid have neglected, refused or were unable to act as the case may be and of the adjourned day of meeting, at once by order appoint such other person or persons duly qualified to fill such vacancy. And the commissioner shall notify the person or persons so appointed to fill such vacancy of his appointment and of the adjourned day of meeting. The person so appointed shall have the same power and perform the same duties as are herein provided for the board of review in the first instance.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.160 - Liability for Costs; Only One Board of Review, Adjournment.

280.160 Liability for costs; only one board of review, adjournment.
Sec. 160.
In case the apportionment made by the commissioner is sustained, the individual, county, township, city or village appealing shall be severally liable for all costs incurred by such appeal and the same proceedings shall be had throughout in all respects in said appeal as to the benefits and liabilities in case of an appeal from an individual apportionment: Provided, That only 1 board of review shall be appointed by such probate court for any one drain. The board of review herein provided for may adjourn any hearing before them from time to time as justice may require, not exceeding in all 20 days from the date of their first meeting.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.161 - Certiorari to Review Drain Proceedings and Taxes; Issues of Fact, Costs, Postponement of Proceedings.

280.161 Certiorari to review drain proceedings and taxes; issues of fact, costs, postponement of proceedings.
Sec. 161.
The proceedings in establishing any drain and levying taxes therefor shall be subject to review on certiorari as herein provided. A writ of certiorari for any error occurring before or in the final order of determination shall be issued within 10 days after a copy of such final order is filed in the office of the drain commissioner as required by section 151 of this act, and for any error occurring after such final order of determination, within 10 days after the day of review, or if an appeal has been taken within 10 days after the filing of the report of the board of review. Notice of such certiorari shall be served upon the commissioner within 10 days after the day of issue in the same manner as notice is required to be given of certiorari for reviewing judgments rendered by justices of the peace, and the writ shall be issued and served, and bond given and approved and the subject matter brought to issue in the same time and manner, as near as may be, as in such cases provided, except that such certiorari may be heard by the court during term, or at chambers, upon 5 days' notice given to the opposite party; and the circuit court of the county shall hear and determine the same without unnecessary delay, and if any material defect be found in the proceedings for establishing the drain, such proceedings shall be set aside. If issues of fact are raised by the petition for such writ and the return thereto, such issues shall, on application of either party, be framed and testimony thereon taken under the direction of the court. If the proceedings be sustained, the party bringing the certiorari shall be liable for the costs thereof, and if they be not sustained, the parties making application for the drain shall be liable for the costs. If no certiorari be brought within the time herein prescribed, the drain shall be deemed to have been legally established, and the taxes therefor legally levied, and the legality of said drain and the taxes therefor shall not thereafter be questioned in any suit at law or equity: Provided, No court shall allow any certiorari questioning the legality of any drain by any person unless notice has been given to the commissioner in accordance with the provisions of this chapter: Provided further, That when such proceedings are brought the commissioner shall postpone the letting of contracts and all other proceedings until after the determination of the court. And if any error be found in the proceedings, the court shall direct the commissioner to correct such error or errors and then proceed the same as though no error had been made.
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) › 40-1956-7. - Chapter 7. Apportionment and Review. (280.151...280.162) › Section 280.162 - Village or City; Incorporation or Annexation; Reapportionment of Cost of Drain.

280.162 Village or city; incorporation or annexation; reapportionment of cost of drain.
Sec. 162.
Whenever a village or a city is incorporated out of the territory of a township, or whenever annexations are made to a city or a village from a township, the township, city or village by action of its governing body may petition the drain commissioner in case of a county drain, or the drainage board in case of an intercounty drain, for a reapportionment of the original percent of apportionment at large against the township. Upon receipt of the petition, the drain commissioner or the drainage board, shall reapportion the percent of the original cost to the township between the township, city or village. The reapportionment shall be made in accordance with the provisions of section 152 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) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.191 - County Drains; Maintenance and Improvements; Petition; Determination of Necessity; Apportionment.

280.191 County drains; maintenance and improvements; petition; determination of necessity; apportionment.
Sec. 191.
(1) If a drain or portion of a drain traverses lands wholly in 1 county, if lands only in 1 county are subject to assessment, and if the drain needs cleaning out, relocating, widening, deepening, straightening, tiling, extending, or relocating along a highway, requires structures or mechanical devices that will properly purify or improve the flow of the drain or pumping equipment necessary to assist or relieve the flow of the drain, needs supplementing by the construction of 1 or more relief drains, which may consist of new drains or extensions, enlargements, or connections to existing drains, or needs 1 or more branches added to the drain, any 5 freeholders or at least 50% of the freeholders if there are fewer than 5 freeholders whose lands shall be liable to an assessment for benefits of the work, may make petition in writing to the commissioner setting forth the necessity of the proposed work. Upon filing of the petition, the commissioner shall proceed in the same manner provided in this act for the location, establishment, and construction of a drain.
(2) If the petition described in subsection (1) is necessary for the public health of 1 or more cities, villages, or townships, the petition may be signed solely by a representative of a city, village, or township if authorized by its governing body or by a combination of the cities, villages, or townships if each city, village, or township will be liable to assessments at large for a percentage of the total amount assessed for the cost of the proposed work.
(3) As soon as practicable after the board of determination determines the necessity for the work, as provided in section 72, and the commissioner files the final order of determination prescribed in section 151, the commissioner shall proceed as provided in chapter 7. However, if the apportionment is the same as the last recorded apportionments, a day of review is not required.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1956, Ex. Sess., Act 5, Imd. Eff. June 23, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1959, Act 261, Imd. Eff. Aug. 21, 1959 ;-- Am. 1965, Act 194, Imd. Eff. July 15, 1965 ;-- Am. 1968, Act 79, Eff. Nov. 15, 1968 ;-- Am. 1976, Act 196, Imd. Eff. July 15, 1976 ;-- 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) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.192 - Intercounty Drain; Cleaning Out; Petition; Drainage Board; Procedure.

280.192 Intercounty drain; cleaning out; petition; drainage board; procedure.
Sec. 192.
(1) If a drain or portion of a drain traverses lands in more than 1 county or lands in more than 1 county are subject to assessments and if the drain needs cleaning out, relocating, widening, deepening, straightening, tiling, extending, or relocating along a highway, requires structures or mechanical devices that will properly purify or improve the flow of the drain or pumping equipment necessary to assist or relieve the flow of the drain, needs supplementing by the construction of 1 or more relief drains, which may consist of new drains or extensions, enlargements or connections to existing drains, or needs 1 or more branches added to the drain, any 5 freeholders or at least 50% of the freeholders if there are fewer than 5 freeholders whose lands shall be liable to an assessment for benefits of the work, may make a petition in writing to the commissioner of any county having lands in the drainage district setting forth the necessity of the proposed work.
(2) If the petition described in subsection (1) is necessary for the public health of 1 or more cities, villages or townships, the petition may be signed solely by a representative of a city, village, or township if authorized by its governing body or by any combination of the cities, villages, or townships if each city, village, or township will be liable to assessments at large for a percentage of the total amount to be assessed for the cost of the proposed work. The percentage of cost apportioned to a city, village, or township shall be based upon the benefits to accrue to the city, village, or township and also the extent to which it contributes to the conditions that make the drain necessary.
(3) Upon receipt of a petition under subsection (1), the commissioner shall notify other members of the drainage board as constituted under section 122. The chairperson shall call a meeting of the drainage board within the time and in the manner prescribed in section 122. If the drainage board determines that the petition is practicable, the drainage board may cause a survey of the drain to be made by a licensed professional surveyor or engineer. After the surveyor or engineer has filed all data with the drainage board, the chairperson shall call a meeting as provided in section 122, and thereafter the drainage board shall proceed as provided under chapter 6 upon a petition for the location, establishment, and construction of a drain.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1959, Act 261, Imd. Eff. Aug. 21, 1959 ;-- Am. 1963, Act 36, Eff. Sept. 6, 1963 ;-- Am. 1965, Act 194, Imd. Eff. July 15, 1965 ;-- Am. 1968, Act 79, Eff. Nov. 15, 1968 ;-- 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) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.193 - Drains; Apportionment for Cleaning, Widening, Deepening, Straightening, and Extending; Review; Notice; Consolidated Districts.

280.193 Drains; apportionment for cleaning, widening, deepening, straightening, and extending; review; notice; consolidated districts.
Sec. 193.
All apportionments hereunder shall be made according to the benefits received and shall be subject to appeal the same as in the first instance. In case the apportionment shall be the same as the last recorded apportionment, no day of review shall be necessary. In case the apportionment shall be changed, or in case an apportionment is made in a consolidated district which apportions benefits between lands which have not been previously assessed by the consolidated district, the procedure shall be in all respects in accordance with the provisions of chapter 7 of this act, including the notice of and the holding of a day of review.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1962, Act 103, Imd. Eff. Apr. 30, 1962
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.194 - Petitions and Proceedings; Description of Drain, Relief Drains.

280.194 Petitions and proceedings; description of drain, relief drains.
Sec. 194.
In any petition filed under this chapter it shall not be necessary for the petitioners to describe said drain other than by its name or to describe its commencement, general route and terminus. For any work necessary to be done in cleaning out, widening, deepening, straightening, consolidating, extending, relocating, tiling or relocating along a highway, or for providing structures or mechanical devices that will properly purify or improve the flow of the drain or pumping equipment necessary to assist or relieve the flow of the drain or needs supplementing by the construction of 1 or more relief drains which may consist of new drains or extensions, enlargements or connections to existing drains, or needs 1 or more branches added thereto, and for any and all such proceedings, only 1 petition and proceeding shall be necessary.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1956, 1st Ex. Sess., Act 5, Imd. Eff. June 23, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1967, Act 172, Imd. Eff. June 30, 1967
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) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.195 - Further Right of Way; Damages.

280.195 Further right of way; damages.
Sec. 195.
In case it shall be necessary to secure further right of way and allow damages therefor, for any work contemplated by this chapter, the commissioner shall take all the necessary steps to obtain such right of way as are prescribed by chapter 4, being sections 71 to 84, inclusive, of this act.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.196a - Drain Not Established Under Act; Removal of Debris From Watercourse; Conditions; Permission From Property Owner; Costs.

280.196a Drain not established under act; removal of debris from watercourse; conditions; permission from property owner; costs.
Sec. 196a.
Notwithstanding other provisions of this act, a drain commissioner or drainage board may remove ice, fallen trees, logjams, or other debris on a watercourse that is not a drain established under this act if, upon inspection, a licensed professional engineer has determined that the ice, fallen trees, logjams, or other debris has caused or is causing flooding, an imminent risk of flooding, increased erosion, channel instability, reduction in capacity that may cause flooding, or other damage to 1 or more county or intercounty drains established under this act. The drain commissioner or drainage board may undertake the removal of any ice, fallen trees, logjams, or other debris authorized by this section after obtaining written permission from the owner or owners of property where the ice, fallen trees, logjams, or other debris is located and, if necessary, the owner or owners of property to which access is required to remove the ice, fallen trees, logjams, or other debris. The costs incurred by the drain commissioner or drainage board under this section shall be charged to the benefiting drainage districts consistent with this act, and are subject to the expenditure limit and conditions set forth in section 196 if the work is performed without petition.
History:
Add. 2014, Act 544, Imd. Eff. Jan. 15, 2015
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) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.198 - Drain Taxes; Subsequent Assessment.

280.198 Drain taxes; subsequent assessment.
Sec. 198.
The assessment, collection and return of drain taxes for any work done under this chapter shall be made in the same manner and under the same provisions as in this act provided for drain taxes assessed, collected, returned and enforced in the first instance: Provided, That in all proceedings involving subsequent assessments, the drain commissioner shall furnish to the supervisor of each township containing parcels of land subject to such assessment the names of the owners of record of such parcels as of the date of the assessment.
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) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.199 - Cleaning Out Drain; Apportionment of Cost; Use of Surplus in Drain Fund.

280.199 Cleaning out drain; apportionment of cost; use of surplus in drain fund.
Sec. 199.
In case the necessity for cleaning out any drain arises from the act or neglect of any land owner, said act or neglect shall be taken into consideration by the commissioner in making the apportionment. In case the cost of cleaning out shall be lessened by the tiling of the source of the drain under section 425 of this act, the commissioner may take that into consideration in making the apportionment of benefits against the land so tiled, but in no case shall said benefits be considered to be less than 50% of the benefits to such land if it were not tiled. Should there be a surplus in any drain fund, the commissioner or drainage board, as the case may be, may, in their discretion, without application or notice, pay out of such funds a reasonable compensation for cleaning out any obstruction that may accumulate in the particular drain for which the fund was raised.
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) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.200 - Cleaning Out Drain; Cost of Maintenance and Repair; Public Contracts.

280.200 Cleaning out drain; cost of maintenance and repair; public contracts.
Sec. 200.
In lieu of assessing the cost of the maintenance and repair of any drain to parcels of land in the drainage district within any city, village, township, charter township or county, the commissioner or drainage board may contract relative to such cost with any city, village, township, charter township or county in which the drain, or any part thereof, is located, or whose residents use the drain for drainage or for the transportation of sewage. In the contract any city, village, township, charter township or county may agree (1) to pay annually to the commissioner or the drainage board certain sums for the cost of maintenance and repair of any drain and for the creation of a reserve fund therefor, or (2) to provide such sums periodically as needed, or (3) to reimburse the commissioner or drainage board for all sums expended for maintenance and repair, or (4) for any combination of the foregoing. The contract shall be approved and its execution authorized by a resolution adopted by the legislative body of the city, village, township, charter township or county and shall be executed by the commissioner or drainage board on behalf of the drainage district. The city, village, township, charter township or county may fulfill its obligation to pay in accordance with the terms of the contract out of its general funds, service charges to its residents, or any other legally available funds. The contract shall specify the manner in which the obligation to pay shall be fulfilled.
History:
Add. 1962, Act 103, Imd. Eff. Apr. 30, 1962
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201) › Section 280.201 - Entering Property for Excavation or Tree Removal; Notice; Exception.

280.201 Entering property for excavation or tree removal; notice; exception.
Sec. 201.
(1) At least 7 days before entering property for any excavation or tree removal to be performed under this chapter, the drain commissioner or drainage board shall mail notice of the expected entry by first-class mail to the property owner.
(2) Subsection (1) does not apply to work performed under section 196(8) or 196a.
History:
Add. 2016, Act 171, Eff. Sept. 12, 2016
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) › 40-1956-9. - Chapter 9. Letting of Contracts. (280.221...280.223) › Section 280.222 - Letting Contracts; Rejection of Bids; Adjournment.

280.222 Letting contracts; rejection of bids; adjournment.
Sec. 222.
The commissioner shall first let the section at the outlet of the drain and shall let each remaining section in its order up stream: Provided, That the commissioner may let the drain in sections or as a whole, whichever appears to him the most practical: Provided further, That the commissioner shall reserve the right to reject any and all bids or proposals and proceed to let said drain in its entirety, and may adjourn such letting in the whole or in part, from time to time, to such other time or place to be by him at the time of such adjournment publicly announced as shall to him seem proper, but not in all more than 40 days from and after the time of letting as first advertised.
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) › 40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248) › Section 280.241 - Inspection of Drain; Order of Approval, Payments on Contract.

280.241 Inspection of drain; order of approval, payments on contract.
Sec. 241.
No warrant or drain order for the payment of any part of such drain contract shall be drawn until the work has been inspected and approved as herein provided. The commissioner may inspect and approve any tile or open drain, or he may designate any competent surveyor or engineer to make such inspection, but where the construction exceeds $3,000.00, the commissioner shall designate a competent surveyor or engineer to make the inspection. Any person making such inspection shall see that the specifications in the contract are fully complied with, and if the work is not in accordance with the contract, the commissioner shall immediately notify the contractor thereof. If the work so inspected shall conform to the contract, the person making the inspection shall certify in writing to that fact and an order of approval shall thereupon be entered by the commissioner in his drain record, and notice of the approval be given the contractor. The commissioner may issue warrants or orders on the fund of any drain not exceeding 90% of the amount earned on any contract after the certificate of inspection and the order of approval is entered as herein provided. The payment of the final 10% or any portion thereof on any contract may be made after the certificate of inspection is made attesting to the completion and is filed in the office of the commissioner.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1965, Act 98, Eff. Mar. 31, 1965
Popular Name:
Act 40
2023 Michigan Compiled Laws › Chapter 280 - Drain Code of 1956 › Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630) › 40-1956-10. - Chapter 10. Inspection and Approval of Construction and Payment for the Drain. (280.241...280.248) › Section 280.242 - Extension of Time on Contract; Forfeiture; Reletting Unfinished Portion; Recovery of Excess Cost.

280.242 Extension of time on contract; forfeiture; reletting unfinished portion; recovery of excess cost.
Sec. 242.
The commissioner shall have power to grant a reasonable extension of time for the completion of any contract. When any contract shall not be finished within the time specified, or to which it may be extended, the commissioner shall declare such contract forfeited and shall, within a reasonable time thereafter, relet the unfinished portion thereof to the lowest responsible bidder, by public letting, after not less than 5 days' notice thereof, by posting only, as provided for the letting in the first instance, or by private letting when such can be done, at a price per rod for the uncompleted portion thereof not exceeding the price per rod at which the job was first let; and he shall make contract and take security in each case as herein provided. The cost of completing such part over and above the contract price, if any, and the expense of notice and reletting shall be collected by the commissioner of the parties first contracting or of their bondsman, which moneys, when so collected, shall be deposited with the county treasurer, and placed to the credit of such drain.
History:
1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name:
Act 40