reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIII - Chapter XIII Appropriation of Private Property (73.1...73.36) › Section 73.5 - Condemnation by Negotiation and Purchase.

73.5 Condemnation by negotiation and purchase.
Sec. 5.
This chapter does not prohibit a village from obtaining private property for a public use specified in section 1 of this chapter by negotiation and purchase. Further, this chapter does not permit a village to acquire property by condemnation that is located outside of the village limits.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2914 ;-- Am. 1903, Act 176, Imd. Eff. June 4, 1903 ;-- CL 1915, 2788 ;-- CL 1929, 1697 ;-- CL 1948, 73.5 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIII - Chapter XIII Appropriation of Private Property (73.1...73.36) › Section 73.6-73.36 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

73.6-73.36 Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.
Compiler's Notes:
The repealed sections pertained to condemnation proceedings.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.1 - Village; Construed.

74.1 Village; construed.
Sec. 1.
The term village, whenever used in this act, shall be construed to mean a village incorporated under this act or subject to its provisions.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2935 ;-- CL 1915, 2820 ;-- CL 1929, 1729 ;-- CL 1948, 74.1
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.2 - Village Not to Own Stock.

74.2 Village not to own stock.
Sec. 2.
No village shall become the owner or holder of stock or shares in any incorporated company.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2936 ;-- CL 1915, 2821 ;-- CL 1929, 1730 ;-- CL 1948, 74.2
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.3 - Affidavit or Certificate of Publication; Filing; Evidence.

74.3 Affidavit or certificate of publication; filing; evidence.
Sec. 3.
If, under this act, notice of any matter or proceeding is required to be published or posted, an affidavit or certificate of the publication or posting made by the clerk of the village, or by some other person in the employ of the village knowing the facts shall be prima facie evidence of the facts therein contained if filed with the village clerk within 6 months from the date of the last publication or posting of the notice.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2937 ;-- CL 1915, 2822 ;-- CL 1929, 1731 ;-- CL 1948, 74.3 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.4 - Repealed. 1974, Act 4, Imd. Eff. Jan. 30, 1974.

74.4 Repealed. 1974, Act 4, Imd. Eff. Jan. 30, 1974.
Compiler's Notes:
The repealed section pertained to bonds for payment of judgments or decrees.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.5 - Board of Trustees; Construction.

74.5 Board of trustees; construction.
Sec. 5.
If in any other act the governing body of a village is described as the board of trustees, the trustees, or common council, it shall be construed to mean the body described in this act as the council.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2939 ;-- CL 1915, 2824 ;-- CL 1929, 1733 ;-- CL 1948, 74.5 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.6 - Changing Boundaries; Order, Copy to Secretary of State, Evidence.

74.6 Changing boundaries; order, copy to secretary of state, evidence.
Sec. 6.
Whenever the council of any village shall determine by resolution to alter the boundaries of such village, either by taking in lands and premises adjoining thereto or by taking out any lands and premises included in such village, or both, they shall petition the board of supervisors of the county in which such lands and premises affected thereby are situated to make such change. Such petition shall contain a description by metes and bounds of the lands and premises proposed to be added to or taken out of such village, and shall set forth the reasons for the proposed change, and shall contain a copy of the resolution of the council in relation thereto, and shall be signed by the president and clerk of such village. Before such petition shall be presented to the board of supervisors notice shall be given by the clerk of the time and place when the same will be presented for consideration, by publishing the same in a newspaper published in such village for at least 3 weeks immediately preceding the presentation of the same, and if no newspaper is published in such village, then by posting the same in at least 3 of the most public places within the village, and in at least 3 of the most public places of the territory directly affected thereby. Such notice shall also contain a description of the premises proposed to be taken in or out of the boundaries of such village. At the time of presenting such petition all parties interested may appear before such board of supervisors and be heard touching the proposed boundaries of such village, and after such hearing and due consideration of such petition, it shall be the duty of the board of supervisors to order and determine as to whether the prayer contained in the petition or any part thereof shall be granted, and they shall make an order of such determination, which order shall be entered upon their records, and thereupon the boundaries of such village shall be fixed and shall exist as provided in such order, and a certified copy thereof shall be transmitted to the clerk of such village and to the secretary of state, and such order shall be prima facie evidence of such change of boundaries of such village and of the regularity of such proceedings in all courts and places.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2940 ;-- CL 1915, 2825 ;-- CL 1929, 1734 ;-- CL 1948, 74.6
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.6a - Petition for Annexation or Detachment; Prohibition.

74.6a Petition for annexation or detachment; prohibition.
Sec. 6a.
The county board of commissioners shall not consider the petition of a village council for annexation or detachment of territory under section 6 of this chapter if the petition is presented during the pendency of a petition to disincorporate the village filed under section 18a of this chapter.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.7 - Reincorporation of Villages; Repeal.

74.7 Reincorporation of villages; repeal.
Sec. 7.
Villages incorporated before February 19, 1895 under any general or special law of this state, are reincorporated under and made subject to this act, effective February 25, 1895. General or special laws under which those villages were incorporated are repealed effective February 25, 1895.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2941 ;-- CL 1915, 2826 ;-- CL 1929, 1735 ;-- CL 1948, 74.7 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.8 - Reincorporation of Villages; Rights, Obligations; Remedies.

74.8 Reincorporation of villages; rights, obligations; remedies.
Sec. 8.
All villages reincorporated under and made subject to the provisions of this act, as provided in the preceding section, shall succeed to and be vested with all the property, real and personal, moneys, rights, credits and effects, and all the records, files, books and papers belonging to such villages as formerly incorporated, and no rights or liabilities, either in favor of or against such former corporation, existing at the time of its reincorporation, under or subject to the provisions of this act, and no suit or prosecution of any kind shall be in any manner affected by such change, but the same shall stand or progress as if no such change had been made, and all debts and liabilities of the former corporation shall be deemed to be the debts and liabilities of the new corporation, and all taxes levied and uncollected at the time of such change shall be collected the same as if such change had not been made: Provided, That when a different remedy is given in this act, which can be made applicable to any rights existing at the time of the incorporation of the village under or subject to this act, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2942 ;-- CL 1915, 2827 ;-- CL 1929, 1736 ;-- CL 1948, 74.8
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.9 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

74.9 Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.
Compiler's Notes:
The repealed section pertained to effect of reincorporation relating to present officers.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.10 - Reincorporation; Existing By-Laws, Ordinances, Rules and Regulations.

74.10 Reincorporation; existing by-laws, ordinances, rules and regulations.
Sec. 10.
The by-laws and ordinances of any such village, and the rules and regulations of the council and of any board of such village heretofore in force and not inconsistent with this act, shall remain in force after the passage of this act, and are hereby declared to be re-enacted, by virtue of and under the powers conferred by this act, until altered, amended or repealed by the council or board as the case may be.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2944 ;-- CL 1915, 2829 ;-- CL 1929, 1738 ;-- CL 1948, 74.10
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.11 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

74.11 Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.
Compiler's Notes:
The repealed section pertained to effect of reincorporation relating to special assessments.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.12 - Reincorporation; Granted Licenses.

74.12 Reincorporation; granted licenses.
Sec. 12.
All licenses granted by any such village under its former act of incorporation shall be and remain in full force and virtue until the expiration of the time for which they were granted.
History:
1895, Act 3, Imd. Eff. Feb. 19, 1895 ;-- CL 1897, 2946 ;-- CL 1915, 2831 ;-- CL 1929, 1740 ;-- CL 1948, 74.12
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.13 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

74.13 Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.
Compiler's Notes:
The repealed section pertained to effect of reincorporation relating to elections.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.15 - Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.

74.15 Repealed. 1998, Act 254, Imd. Eff. July 13, 1998.
Compiler's Notes:
The repealed section pertained to effect of reincorporation relating to platted and subdivided land.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.17, 74.18 - Repealed. 1988, Act 33, Imd. Eff. Feb. 25, 1988.

74.17, 74.18 Repealed. 1988, Act 33, Imd. Eff. Feb. 25, 1988.
Compiler's Notes:
The repealed sections pertained to vacating incorporation of village.
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.19 - Vacating Incorporation of Village; Submission of Transcript to County Board of Commissioners.

74.19 Vacating incorporation of village; submission of transcript to county board of commissioners.
Sec. 19.
Upon receiving the transcript of the proceedings in submitting to a vote of the electors the question of vacating the incorporation of any village as provided in section 18a of this chapter, the county clerk shall submit the transcript to the county board of commissioners, which shall at its next regular annual meeting pass a resolution vacating the incorporation of the village.
History:
Add. 1897, Act 182, Imd. Eff. May 29, 1897 ;-- CL 1897, 2952 ;-- CL 1915, 2836 ;-- CL 1929, 1745 ;-- CL 1948, 74.19 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.20 - Vacation of Village Incorporation; Disposition of Village Property; Assessment; Levy; Placement in Separate Fund.

74.20 Vacation of village incorporation; disposition of village property; assessment; levy; placement in separate fund.
Sec. 20.
(1) Upon the vacation of the incorporation of any village under sections 18a and 19 of this chapter, the officers of the village shall immediately deposit all books, papers, records, and files relating to the organization of or belonging to the village that are in their custody as village officers with the county clerk of the county in which the village or the principal part of the village is located for safe keeping and reference. The indebtedness of the vacated village, whether bonded or otherwise, shall be assessed, levied, and collected upon the territory embraced within the boundaries of the village immediately prior to the vacation. The township board of the township or townships in which the territory formerly embraced within the limits of the vacated village shall levy upon the assessment roll or rolls of the township upon the property formerly embraced within the limits of the village, the indebtedness of the village, or such portion of the village that is apportioned to the part of the territory formerly constituting the village that lies within the township as provided in subsection (2). This levy shall be made not more than 1 year after the date that the village incorporation is vacated. However, if the indebtedness falls due at a specified time, an assessment shall be made that will satisfy the indebtedness when it falls due.
(2) The taxes assessed and levied under subsection (1) shall be collected the same as other taxes, and shall be placed in a separate fund and applied to the payment of such indebtedness. The manner of the payment of the indebtedness shall be fixed by resolution of the township board or boards described in subsection (1).
History:
Add. 1897, Act 182, Imd. Eff. May 29, 1897 ;-- CL 1897, 2953 ;-- CL 1915, 2837 ;-- CL 1929, 1746 ;-- CL 1948, 74.20 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.21 - Vacation of Village Incorporation; Apportionment of Indebtedness; Village in More Than One Township or County.

74.21 Vacation of village incorporation; apportionment of indebtedness; village in more than one township or county.
Sec. 21.
(1) If the territory formerly embraced within a village vacated pursuant to sections 18a and 19 of this chapter consists of territory of 2 or more townships in the same county, the township boards shall apportion, among their townships, the amount of the indebtedness of the vacated village that each township shall bear.
(2) If a village vacated pursuant to sections 18a and 19 of this chapter was comprised of territory from 2 different counties, the county boards of commissioners of the 2 counties shall determine what portion of the indebtedness of the vacated village each county shall bear, using as a basis the last preceding assessment roll of the vacated village before its vacation. The indebtedness, when so apportioned, shall be assessed, levied, and collected as provided in section 20 of this chapter.
History:
Add. 1897, Act 182, Imd. Eff. May 29, 1897 ;-- CL 1897, 2954 ;-- CL 1915, 2838 ;-- CL 1929, 1747 ;-- CL 1948, 74.21 ;-- Am. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.22 - Placing Property Outside Corporate Limits; Procedure; Resolution, Board of Supervisors.

74.22 Placing property outside corporate limits; procedure; resolution, board of supervisors.
Sec. 22.
In case any person or persons want their property placed without the corporate limits of any village, they may make application to the board of supervisors of the county in which such village is located, to change the boundaries thereof in such manner as will place the property of the person or persons applying therefor without the corporate limits of such village. Such application shall be filed with the county clerk of each county at least 10 days prior to the annual session in October of such board of supervisors, and shall be signed by 100 taxpayers of the village, or by 1/10 of the taxpayers of such village. Any person intending to apply to the board of supervisors to have his property placed without the corporate limits of any village shall give or cause to be given at least 15 days' notice of such application to the clerk of said village and by posting the same in at least 3 conspicuous public places within such village. Upon receiving the application aforesaid, the board of supervisors shall have power, by resolution, to change the boundaries of such village, as described and mentioned in such application.
History:
Add. 1897, Act 182, Imd. Eff. May 29, 1897 ;-- CL 1897, 2955 ;-- CL 1915, 2839 ;-- CL 1929, 1748 ;-- CL 1948, 74.22
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23 - Resolution for Election of Procedures.

74.23 Resolution for election of procedures.
Sec. 23.
Not later than the next meeting of council held after the clerk verifies the petition signatures and determines the sufficiency of the petition under section 18a of this chapter, the council may by resolution elect to proceed under this section and sections 23a to 23i of this chapter.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23a - Disincorporation Commission; Composition; Appointment of Members.

74.23a Disincorporation commission; composition; appointment of members.
Sec. 23a.
(1) A disincorporation commission shall be composed of 3 members representing each township into which the village is proposed to be disincorporated and a number of members representing the village equal to the number of members representing townships.
(2) The village president with approval of the village council, shall appoint the members representing the village. The township supervisor of a township, with approval of the township board, shall appoint the members representing the township.
(3) Disincorporation commission members may be village or township officials.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23b - Disincorporation Commission; Oath of Office; Vacancy.

74.23b Disincorporation commission; oath of office; vacancy.
Sec. 23b.
(1) An individual appointed to the disincorporation commission shall take the constitutional oath of office.
(2) A vacancy in the disincorporation commission is created in the manner provided in section 3 of 1846 RS 15, MCL 201.3.
(3) If a member of a disincorporation commission vacates office, the vacancy shall be filled by appointment in the same manner as provided in subsection (1).
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23c - Disincorporation Commission; Chairperson; Secretary; Officers; Bylaws; Quorum; Conducting Business at Public Meetings.

74.23c Disincorporation commission; chairperson; secretary; officers; bylaws; quorum; conducting business at public meetings.
Sec. 23c.
(1) The president of the village shall appoint 1 of the village members as chairperson of the disincorporation commission.
(2) The village clerk shall call the first meeting of the disincorporation commission and shall serve as secretary of the commission and keep its minutes and records.
(3) At its first meeting, the disincorporation commission shall elect such other officers it considers advisable.
(4) The disincorporation commission shall adopt bylaws to govern the conduct of its business.
(5) A majority of the members of the disincorporation commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members are required for official action of the disincorporation commission.
(6) The disincorporation commission shall conduct its business at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(7) A writing prepared, owned, used, in possession of, or retained by the disincorporation commission in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23d - Disincorporation Commission; Contract for Consultants and Advisors; Funds.

74.23d Disincorporation commission; contract for consultants and advisors; funds.
Sec. 23d.
(1) The disincorporation commission may contract for such consultants and advisors as may be reasonably necessary in its discretion to carry out its responsibilities.
(2) The village council shall appropriate for the disincorporation commission sufficient funds for the commission to reasonably carry out its responsibilities.
(3) The disincorporation commission may accept any private or public funding.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23f - Disincorporation Plan; Submission; Ratification.

74.23f Disincorporation plan; submission; ratification.
Sec. 23f.
A disincorporation plan adopted under section 23e shall be submitted to the council and to the township board of each affected township. The council and township board or boards may ratify the disincorporation plan. If the council and the township board of each affected township ratify the plan, the question of disincorporation pursuant to the plan shall be placed on the ballot pursuant to section 23g of this chapter. If the council or the township board of each affected township fails to ratify the disincorporation plan, the question of disincorporation shall be submitted to the electorate as described in section 18a of this chapter not more than 1 year after the date the disincorporation was filed under section 18a of this chapter.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23g - Disincorporation Plan; Approval; Ballot; Form; Special Election; Failure of Commission to Adopt Plan.

74.23g Disincorporation plan; approval; ballot; form; special election; failure of commission to adopt plan.
Sec. 23g.
(1) If the disincorporation plan is approved under section 23f of this chapter, the clerk of the disincorporation commission shall prepare and certify to the county clerk of each county where the village is located ballot language describing the proposed disincorporation and that includes the following in substantially the following form:
"Shall the village of _______________ be disincorporated pursuant to the plan adopted by the disincorporation commission?
( ) Yes
( ) No".
(2) The clerk of the disincorporation commission shall certify the proposed disincorporation for inclusion on the ballot at the next general election, the state primary immediately preceding the general election, or a special election not occurring within 45 days of a state primary or a general election, as specified by the clerk of the disincorporation commission. However, the clerk of the disincorporation commission shall not certify the proposed disincorporation for inclusion on the ballot at either of the following:
(a) An election to be held less than 60 days after the date of certification.
(b) An election to be held more than 1 year after the township clerk verifies the petition signatures and determines that the petition is sufficient under section 18a of this chapter.
(3) If a special election is requested by the clerk of the disincorporation commission, the county clerk of the county in which the greatest number of electors of the village reside shall schedule the election in compliance with section 641 of the Michigan election law, 1954 PA 116, MCL 168.641. The proposal shall be submitted to the qualified and registered electors residing in the village and each township into which the village is proposed to be disincorporated at that election.
(4) If a disincorporation commission fails to adopt a plan under section 23e of this chapter or the clerk of the disincorporation commission does not certify the proposed disincorporation for inclusion on the ballot under this section, the question of disincorporation shall be submitted to the electors as described in section 18a of this chapter not more than 1 year after the date the disincorporation petition was filed under section 18a of this chapter.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998 ;-- Am. 2003, Act 305, Eff. Jan. 1, 2005
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23h - Disincorporation; Approval by Electors.

74.23h Disincorporation; approval by electors.
Sec. 23h.
(1) The proposed disincorporation is approved by the electors and shall take place pursuant to the plan adopted under section 23e of this chapter only if a majority of each of the following votes cast on the question of the proposed disincorporation are in favor of the disincorporation:
(a) The votes cast by electors of the village.
(b) The votes cast by the electors of each township into which the village is proposed to be disincorporated, counted separately, and excluding votes cast by residents of the village.
(2) Unless the proposed disincorporation is approved as provided in subsection (1), the proposed disincorporation pursuant to a plan adopted under section 23e of this chapter is disapproved by the electors and the village shall not be disincorporated pursuant to the plan.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.23i - Filing New Petition; Limitation.

74.23i Filing new petition; limitation.
Sec. 23i.
A new petition shall not be filed under section 18a of this chapter less than 2 years after the election if the disincorporation is disapproved by the electors at an election held pursuant to section 18a or 23g of this chapter.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.24 - Modification of Act.

74.24 Modification of act.
Sec. 24.
A village incorporated under this act may locally modify this act by complying with the provisions governing the amendment of a charter under the home rule village act, 1909 PA 278, MCL 78.1 to 78.28.
History:
Add. 1998, Act 254, Imd. Eff. July 13, 1998
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XIV - Chapter XIV Miscellaneous. (74.1...74.25) › Section 74.25 - Short Title.

74.25 Short title.
Sec. 25.
This act shall be known and may be cited as "the general law village act".
History:
Add. 1994, Act 87, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapters 61 - 75 - Villages › Act 3 of 1895 - The General Law Village Act (61.1 - 75.12) › 3-1895-XV - Chapter XV Elections for Borrowing Money and Issuing Bonds; Issuance of Bonds and Levy of a Tax to Pay Principal and Interest Thereof. (75.1...75.12) › Section 75.1-75.12 - Repealed. 1974, Act 4, Imd. Eff. Jan. 30, 1974.

75.1-75.12 Repealed. 1974, Act 4, Imd. Eff. Jan. 30, 1974.
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.1 - Short Title; Corporate Existence of Villages to Continue; Village Subject to General Laws; Seal; Suit.

78.1 Short title; corporate existence of villages to continue; village subject to general laws; seal; suit.
Sec. 1.
(1) This act shall be known and may be cited as "the home rule village act".
(2) All villages within this state incorporated before September 1, 1909 under any general or special act of the legislature shall continue their corporate character, and any general and special charter provisions for the government of such villages shall continue in force until superseded, amended, or repealed pursuant to this act. A village is subject to all general laws of this state.
(3) A village incorporated under this act shall have a seal and may sue and be sued.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2843 ;-- CL 1929, 1763 ;-- CL 1948, 78.1 ;-- Am. 1994, Act 86, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.1a - Conducting Business at Public Meeting; Notice of Meeting; Availability of Certain Writings to Public.

78.1a Conducting business at public meeting; notice of meeting; availability of certain writings to public.
Sec. 1a.
(1) The business which a charter commission or a legislative body of a village may perform shall be conducted at a public meeting of the commission or body held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
(2) A writing prepared, owned, used, in the possession of, or retained by a charter commission or a legislative body of a village in the performance of an official function under this act shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
Add. 1977, Act 198, Imd. Eff. Nov. 17, 1977
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.1b - Emergency Financial Manager; Authority and Responsibilities.

78.1b Emergency financial manager; authority and responsibilities.
Sec. 1b.
Notwithstanding any provision of this act, if an emergency financial manager has been appointed under the local government fiscal responsibility act, Act No. 101 of the Public Acts of 1988, being sections 141.1101 to 141.1118 of the Michigan Compiled Laws, with respect to a village governed by this act, then that emergency financial manager may exercise the authority and responsibilities provided in this act to the extent authorized by Act No. 101 of the Public Acts of 1988.
History:
Add. 1988, Act 197, Imd. Eff. June 27, 1988
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.2a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

78.2a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 2a.
Except as otherwise provided in this section, a petition under section 2, 3, 4, 7, 11, 12, 13, 14, or 17, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A petition under section 2 that is signed by landowners because no qualified electors reside within the district or portion of the district to be annexed or detached is not subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 148, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.3 - Petitions; Contents.

78.3 Petitions; contents.
Sec. 3.
Said petition shall accurately describe the proposed boundaries of the village or of the territory to be annexed thereto or detached therefrom and if the purpose is to incorporate a new village, it shall represent that the territory described contains not less than 150 inhabitants and an average of not less than 100 inhabitants per square mile.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2845 ;-- Am. 1919, Act 256, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 40, Eff. Aug. 27, 1925 ;-- Am. 1929, Act 241, Eff. Aug. 28, 1929 ;-- CL 1929, 1765 ;-- CL 1948, 78.3
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.4 - Petition; Presentation; Action of County Board of Commissioners; Resolution; Vote; Review.

78.4 Petition; presentation; action of county board of commissioners; resolution; vote; review.
Sec. 4.
(1) A petition under section 2 shall be addressed to the county board of commissioners of the county in which the territory to be affected by the proposed incorporation, consolidation, or change of boundaries is located. The petition shall be filed with the clerk of the county board of commissioners not less than 30 days before the board of commissioners convenes in regular session, or in a special session called for the purpose of considering the petition. The board of commissioners shall determine if the petition complies with the requirements of this act and if the statements contained in the petition are correct. If a majority of the board determines that the petition does not comply with the requirements of this act or that the statements contained in the petition are not correct, the board shall not conduct further proceedings on the petition. If the board determines that the petition complies with the requirements of this act and that the statements contained in the petition are correct, the board shall, by resolution, provide that the question of making the proposed incorporation, consolidation, or change of boundaries be submitted to the qualified electors of the district to be affected at the next general election, or at a special election before the next general election on a regular election day established under section 641 of the Michigan election law, 1954 PA 116, MCL 168.641, that is held 60 days or more after the adoption of the resolution.
(2) After the adoption of a resolution submitting the ballot question to a vote of the electors, neither the sufficiency nor legality of the petition under section 2 may be questioned in any proceeding.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2846 ;-- CL 1929, 1766 ;-- CL 1948, 78.4 ;-- Am. 2003, Act 304, Eff. Jan. 1, 2005
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.5 - Incorporation, Consolidation or Change of Boundaries; Affected District; Referendum; Authorizing Vote.

78.5 Incorporation, consolidation or change of boundaries; affected district; referendum; authorizing vote.
Sec. 5.
The district to be affected by every such proposed incorporation, consolidation or change of boundaries, shall be deemed to include the whole of each city, village, or township from which territory is to be taken or to which territory is to be annexed: Provided, however, That proposed incorporations, consolidations or changes of boundaries shall be submitted to the qualified electors residing within the territory proposed to be incorporated or residing within the village to which territory is to be annexed as the case may be, and also to the qualified electors of the city, village or township, from which the territory to be taken is located and at the election, when the said question is voted upon, the city, village or township shall conduct the election in such manner as to keep the votes of the qualified electors in the territory proposed to be incorporated or annexed or detached in a separate box from the one containing the votes from the remaining portions of such city, village, or township, and if the returns of said election shall show a majority of the votes cast in the district proposed to be incorporated or annexed, voting separately, to be in favor of the proposed incorporation or change of boundary as the case may be, and if a majority of the electors voting in the remainder of the district to be affected as herein defined, voting collectively, are in favor of the proposed incorporation or change of boundary as the case may be, then such territory shall become incorporated as a village or shall become a part of the corporate territory of the village or shall be detached therefrom, as the case may be: Provided further, That in case there are no qualified electors residing within the territory proposed to be detached, or annexed, if a majority of electors voting in the remainder of the district to be affected, as herein defined, are in favor of the proposed change of boundary, then such territory shall become a part of the corporate territory of the village or shall be detached therefrom, as the case may be: Provided further, That the question of incorporating a new village from territory located in a township or townships shall be determined by a majority of the votes cast at an election at which only the electors residing within the territory proposed to be incorporated shall vote.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2847 ;-- Am. 1919, Act 395, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 90, Eff. Aug. 27, 1925 ;-- Am. 1929, Act 251, Eff. Aug. 28, 1929 ;-- CL 1929, 1767 ;-- CL 1948, 78.5
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.5a - Annexation; Petition; Vote; Approval of Adjoining City, Village or Township.

78.5a Annexation; petition; vote; approval of adjoining city, village or township.
Sec. 5a.
Where the territory proposed to be annexed is adjacent to a village and consists of fractional parts of platted subdivision lots, located in an adjoining city, village or township, annexation may be accomplished upon petition of the property owner by the affirmative majority vote of the legislative body of the village and the approval of the legislative body of the adjoining city, village or township.
History:
Add. 1968, Act 71, Imd. Eff. May 28, 1968
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.6 - Petition and Resolution; Certified Copies, Transmittal to Local Clerks, Time; Election Notices.

78.6 Petition and resolution; certified copies, transmittal to local clerks, time; election notices.
Sec. 6.
The county clerk shall, within 3 days after the passage of the resolution provided for in section 4 of this act, transmit a certified copy of said petition and of such resolution to the clerk of each city, village or township in the district to be affected by the proposed incorporation, consolidation or change, and it shall be the duty of each of said city, village and township clerks to give notice of the date and purpose of the election provided for by said resolution by publication in 1 or more newspapers published within said district at least once in each week for 4 weeks preceding said election, and by posting a like notice in at least 10 public places in said district not less than 10 days prior to such election.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2848 ;-- CL 1929, 1768 ;-- CL 1948, 78.6
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.7 - Villages in More Than 1 County; Incorporation, Consolidation or Change in Boundary; Procedure.

78.7 Villages in more than 1 county; incorporation, consolidation or change in boundary; procedure.
Sec. 7.
(1) If the territory to be affected by a proposed incorporation, consolidation, or change of boundaries is situated in more than 1 county, the petition under section 2 shall be addressed and presented to the secretary of state.
(2) The secretary of state shall examine the petition and the accompanying affidavits. If the secretary of state finds that the petition and accompanying affidavit or affidavits comply with the requirements of this act, the secretary of state shall certify the petition and accompanying affidavits and shall transmit the certificate and a certified copy of the petition and the accompanying affidavits to the clerk of each city, village, or township to be affected by the proposed incorporation, consolidation, or change of boundaries, together with a notice directing that the question of making the incorporation, consolidation, or change of boundaries petitioned for be submitted to the electors of the district to be affected. The notice shall provide that the ballot question shall be submitted at the next general election, or at a special election before the next general election, that is held 60 days or more after the date of transmittal of the certificate.
(3) If the secretary of state finds that the petition and the accompanying affidavits do not comply with the requirements of this act, he or she shall certify to that fact and shall return the petition and affidavits to the person from whom they were received, along with the certificate.
(4) Each city, village, and township clerk who receives from the secretary of state the copies and certificate provided for in subsection (2) shall give notice of the election to be held on the question of making the incorporation, consolidation, or change of boundaries petitioned for in the same manner as provided for in section 6.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2849 ;-- Am. 1929, Act 251, Eff. Aug. 28, 1929 ;-- CL 1929, 1769 ;-- CL 1948, 78.7 ;-- Am. 1960, Act 68, Eff. Aug. 17, 1960 ;-- Am. 2003, Act 304, Eff. Jan. 1, 2005
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.8 - Returns Canvass.

78.8 Returns canvass.
Sec. 8.
The returns by the several boards of election inspectors shall be made to the clerk of the county in which the village or proposed village, or the greater part thereof, if in more than 1 county, is located, and shall be canvassed on the first Thursday following said election in the manner provided by law for a county canvass.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- CL 1915, 2850 ;-- CL 1929, 1770 ;-- CL 1948, 78.8
2023 Michigan Compiled Laws › Chapter 78 - Villages › Act 278 of 1909 - The Home Rule Village Act (78.1 - 78.28) › Section 78.9 - Proceedings; Copy Filed With Secretary of State; Recording; Change Effected; Certificate to State Treasurer; Time.

78.9 Proceedings; copy filed with secretary of state; recording; change effected; certificate to state treasurer; time.
Sec. 9.
(1) On the filing in the office of the secretary of state and the clerk of the county or counties within which the village is located, of a copy of the petition and of every resolution, affidavit, or certificate necessarily following a petition, with the certificate of the board of county canvassers attached, showing that the purposes of the petition have been approved by a majority of the electors voting on the petition as provided in this act, the number of votes cast on that proposition and the number cast for and against the proposition, the village is from that date duly and legally incorporated under and by the name designated in that petition, or the territory described in that petition is duly and legally consolidated as 1 village, or attached to or detached from the village named in that petition, as the case may be, and that petition and the subsequent proceedings under that petition shall be duly recorded in each of the village offices in a book to be kept for that purpose. The records or certified copies of the records shall be prima facie evidence of the due and legal incorporation of the village or of the consolidation or change of boundaries prayed for in the petition. Territory detached from any village shall become a part of the township, village or city from which it was originally taken.
(2) The secretary of state shall, within 10 days after the filing in his or her office of the certified copies as required by this section, make and file with the state treasurer a certificate showing the name of the village thus incorporated, a description of the land included within the limits of the village, or in case of a change of boundaries of any village a description of the land attached to or detached from that village.
History:
1909, Act 278, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 71, Eff. Aug. 1, 1911 ;-- CL 1915, 2851 ;-- CL 1929, 1771 ;-- CL 1948, 78.9 ;-- Am. 2002, Act 375, Imd. Eff. May 24, 2002