HOUSE BILL No. 4337
February 18, 1997, Introduced by Reps. Wetters, Schermesser, Hale, LaForge, Dalman, Baird, Brackenridge, Scott, Goschka, Baade, Frank, Harder and Nye and referred to the Committee on Agriculture.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 1, 2, 3, 6, 8, 10, 11, 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, 31, 32, 33, 51, 52, 53, 54, 71, 72, 72a, 73,
74, 75, 76, 77, 101, 102, 103, 104, 105, 106, 121, 122, 122a,
123, 124, 125, 126, 127, 128, 131, 132, 133, 134, 135, 151, 152,
153, 154, 155, 156, 157, 158, 161, 191, 192, 193, 194, 195, 196,
197, 198, 199, 200, 221, 222, 223, 241, 242, 244, 245, 247, 248,
261, 262, 265, 266, 269, 270, 273, 275, 276, 277, 278, 279, 280,
282, 283, 301, 302, 304, 306, 307, 321, 322, 323, 324, 327, 328,
342, 343, 351, 352, 354, 355, 381, 382, 384, 391, 392, 395, 421,
422, 423, 425, 429, 430, 431, 433, 441, 441a, 442, 446, 463, 464,
465, 466, 467, 468, 469, 470, 472, 473, 474, 478, 482, 491, 513,
515, 517, 518, 520, 521, 522, 525, 526, 530, 534, 540, 541, 548,
601, and 602 (MCL 280.1, 280.2, 280.3, 280.6, 280.8, 280.10,
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280.11, 280.21, 280.22, 280.23, 280.24, 280.25, 280.26, 280.27,
280.28, 280.29, 280.30, 280.31, 280.32, 280.33, 280.51, 280.52,
280.53, 280.54, 280.71, 280.72, 280.72a, 280.73, 280.74, 280.75,
280.76, 280.77, 280.101, 280.102, 280.103, 280.104, 280.105,
280.106, 280.121, 280.122, 280.122a, 280.123, 280.124, 280.125,
280.126, 280.127, 280.128, 280.131, 280.132, 280.133, 280.134,
280.135, 280.151, 280.152, 280.153, 280.154, 280.155, 280.156,
280.157, 280.158, 280.161, 280.191, 280.192, 280.193, 280.194,
280.195, 280.196, 280.197, 280.198, 280.199, 280.200, 280.221,
280.222, 280.223, 280.241, 280.242, 280.244, 280.245, 280.247,
280.248, 280.261, 280.262, 280.265, 280.266, 280.269, 280.270,
280.273, 280.275, 280.276, 280.277, 280.278, 280.279, 280.280,
280.282, 280.283, 280.301, 280.302, 280.304, 280.306, 280.307,
280.321, 280.322, 280.323, 280.324, 280.327, 280.328, 280.342,
280.343, 280.351, 280.352, 280.354, 280.355, 280.381, 280.382,
280.384, 280.391, 280.392, 280.395, 280.421, 280.422, 280.423,
280.425, 280.429, 280.430, 280.431, 280.433, 280.441, 280.441a,
280.442, 280.446, 280.463, 280.464, 280.465, 280.466, 280.467,
280.468, 280.469, 280.470, 280.472, 280.473, 280.474, 280.478,
280.482, 280.491, 280.513, 280.515, 280.517, 280.518, 280.520,
280.521, 280.522, 280.525, 280.526, 280.530, 280.534, 280.540,
280.541, 280.548, 280.601, and 280.602), sections 21 and 464 as
amended by 1989 PA 134, section 33 as amended by 1982 PA 356,
section 72 as amended by 1987 PA 60, sections 196 and 283 as
amended by 1989 PA 149, section 223 as amended by 1989 PA 61,
section 280 as amended by 1983 PA 176, section 282 as amended by
1984 PA 80, section 423 as amended by 1996 PA 552, and section
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433 as amended by 1982 PA 449, and by adding sections 34, 275a,
277a, 329, 524a, 585, 586, 587, 588, 589, 590, 591, 592, 593,
594, 595, 596, 597, 598, 599, 600, 603, 604, 605, 606, 607, 608,
615, and 616; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act shall be known and may be cited as " the
2 "drain code". of 1956".
3 Sec. 2. Drains including branches may be located, estab-
4 lished, constructed and maintained, and existing drains, creeks,
5 rivers and watercourses and their branches, or tributaries
6 whether located, established and constructed by a county drain
7 commissioner or drainage board or by a city, village or township,
8 may be cleaned out, straightened, widened, deepened, extended,
9 consolidated, relocated, tiled, connected and relocated along a
10 highway, or there may be provided for the same structures or
11 mechanical devices that will properly purify or improve the flow
12 of the drain or pumping equipment necessary to assist or relieve
13 the flow of the drain, or 1 or more branches may be added there-
14 to, by petition under the provisions of this act, whenever the
15 same shall be conducive to the public health, convenience and
16 welfare. AS USED IN THIS ACT:
17 (A) "AGENCIES" INCLUDES THOSE OFFICERS, BOARDS, COMMISSIONS,
18 AND OTHER BODIES CREATED BY PUBLIC CORPORATIONS OR BY THE FEDERAL
19 GOVERNMENT, WHICH ARE AUTHORIZED TO ACT IN THEIR OWN NAMES.
20 (B) "COUNTY DRAIN" MEANS A DRAIN CARRYING DRAINAGE WATER OR
21 SEWAGE OR BOTH ORIGINATING IN 1 COUNTY, AND INCLUDES DRAINS
22 LOCATED, ESTABLISHED, AND CONSTRUCTED BY A COUNTY DRAIN
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1 COMMISSIONER OR DRAINAGE BOARD OR BY A CITY, VILLAGE, OR
2 TOWNSHIP. THE FINDING OF THE DRAINAGE BOARD THAT ALL DRAIN WATER
3 AND SEWAGE ORIGINATE IN 1 COUNTY SHALL BE FINAL. IN MAKING SUCH
4 DETERMINATION, THE DRAINAGE BOARD MAY DISREGARD ANY DRAINAGE FROM
5 ANOTHER COUNTY THAT IT CONSIDERS TO BE INCONSEQUENTIAL.
6 (C) "COUNTY DRAIN COMMISSIONER", "DRAIN COMMISSIONER", OR,
7 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, "COMMISSIONER"
8 MEANS 1 OF THE FOLLOWING:
9 (i) THE ELECTED COUNTY DRAIN COMMISSIONER OR THE PERSON OR
10 PERSONS DESIGNATED TO PERFORM THE DUTIES OF THE ELECTED COUNTY
11 DRAIN COMMISSIONER AS PROVIDED BY THIS ACT.
12 (ii) A PUBLIC WORKS COMMISSIONER DESCRIBED IN SECTION 21.
13 (iii) THE OFFICIAL OR BODY LAWFULLY DESIGNATED BY CHARTER TO
14 EXERCISE THE POWERS AND PERFORM THE DUTIES OF A COUNTY DRAIN COM-
15 MISSIONER IN A COUNTY ORGANIZED UNDER 1966 PA 293, MCL 45.501 TO
16 45.521.
17 (D) "DIRECTOR OF AGRICULTURE" MEANS THE DIRECTOR OF THE
18 DEPARTMENT OF AGRICULTURE.
19 (E) "DRAIN" INCLUDES THE MAIN STREAM OR TRUNK AND ALL TRIBU-
20 TARIES OR BRANCHES OF A CREEK OR RIVER, A WATERCOURSE OR DITCH,
21 EITHER OPEN OR CLOSED, A COVERED DRAIN, A SANITARY OR A COMBINED
22 SANITARY AND STORM SEWER OR STORM SEWER OR CONDUIT, A STRUCTURE
23 OR MECHANICAL DEVICE TO PURIFY THE FLOW OF A DRAIN, PUMPING
24 EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE FLOW OF A DRAIN, AND
25 ANY LEVEE, DIKE, OR BARRIER FOR DRAINAGE OR TO PURIFY THE FLOW OF
26 A DRAIN. "DRAIN" DOES NOT INCLUDE ANY DAM AND CONNECTED FLOWAGE
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1 RIGHTS USED FOR THE GENERATION OF POWER BY A PUBLIC UTILITY
2 SUBJECT TO REGULATION BY THE PUBLIC SERVICE COMMISSION.
3 (F) "DRAINAGE DISTRICT" MEANS AN AREA THAT WOULD BE DRAINED
4 BY A PROPOSED DRAIN. A DRAINAGE DISTRICT IS A BODY CORPORATE
5 WITH POWER TO CONTRACT, TO SUE AND TO BE SUED, AND TO HOLD,
6 MANAGE, AND DISPOSE OF REAL AND PERSONAL PROPERTY, IN ADDITION TO
7 ANY OTHER POWERS CONFERRED UPON IT BY LAW.
8 (G) "ENGINEER" MEANS A PROFESSIONAL ENGINEER LICENSED UNDER
9 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO
10 339.2014.
11 (H) "IMPROVEMENT" MEANS CLEANING OUT, RELOCATING, WIDENING,
12 DEEPENING, STRAIGHTENING, TILING, OR EXTENDING A DRAIN; RELOCAT-
13 ING A DRAIN ALONG A HIGHWAY; PROVIDING STRUCTURES OR MECHANICAL
14 DEVICES THAT WILL PROPERLY PURIFY OR IMPROVE THE FLOW OF THE
15 DRAIN OR PUMPING EQUIPMENT NECESSARY TO ASSIST OR RELIEVE THE
16 FLOW OF THE DRAIN; SUPPLEMENTING A DRAIN BY THE CONSTRUCTION OF 1
17 OR MORE RELIEF DRAINS WHICH MAY CONSIST OF NEW DRAINS OR EXTEN-
18 SIONS, ENLARGEMENTS, OR CONNECTIONS TO EXISTING DRAINS; OR ADDING
19 A BRANCH TO A DRAIN.
20 (I) "INTERCOUNTY DRAIN" MEANS ANY DRAIN CARRYING DRAINAGE
21 WATER OR SEWAGE ORIGINATING IN MORE THAN 1 COUNTY, AND INCLUDES
22 DRAINS LOCATED, ESTABLISHED, AND CONSTRUCTED BY A COUNTY DRAIN
23 COMMISSIONER OR DRAINAGE BOARD OR BY A CITY, VILLAGE, OR
24 TOWNSHIP.
25 (J) "LANDOWNER" MEANS A PERSON HOLDING THE MOST RECENT FEE
26 TITLE OR A LAND CONTRACT VENDEE'S INTEREST IN LAND AS SHOWN BY
27 THE RECORDS OF THE COUNTY REGISTER OF DEEDS OR HOLDING A LAND
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1 CONTRACT VENDEE'S INTEREST AS SHOWN BY THE RECORDS OF THE COUNTY
2 REGISTER OF DEEDS OR THE TAX ASSESSMENT ROLL OF THE COUNTY OR
3 CITY. A HUSBAND AND WIFE WITH AN UNDIVIDED INTEREST IN LAND
4 SHALL BE CONSIDERED 2 LANDOWNERS.
5 (K) "MAINTENANCE" MEANS ANY OF THE FOLLOWING:
6 (i) MAINTAINING A DRAIN IN WORKING ORDER TO CONTINUE A
7 NORMAL FLOW OF WATER, INCLUDING BUT NOT LIMITED TO THE SERVICING
8 OR REPAIR OF AND UTILITY SERVICE FOR NECESSARY PUMPING STATIONS,
9 SEWAGE TREATMENT FACILITIES, OR RETENTION BASINS; KEEPING THE
10 DRAIN FREE FROM RUBBISH, DEBRIS, SILTATION, OR OBSTRUCTIONS;
11 REPAIRING A PORTION OR ALL OF A TILE OR DRAIN TO CONTINUE THE
12 NORMAL FLOW OF WATER; RESTORATION OF PREVIOUSLY ESTABLISHED
13 DEPTHS, BOTTOM WIDTHS, AND GRADE BASED ON RECORDS MAINTAINED AT
14 THE OFFICE OF THE DRAIN COMMISSIONER; AND ASSOCIATED ACTIVITIES.
15 (ii) ACTIVITY UNDER 1966 PA 347, MCL 252.131 TO 252.135.
16 (l) "MUNICIPALITY" MEANS A COUNTY, CITY, VILLAGE, TOWNSHIP,
17 SCHOOL DISTRICT, OR AN AUTHORITY CREATED BY ANY OF THESE.
18 (M) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
19 ASSOCIATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.
20 (N) "PROJECT" MEANS WORK UNDERTAKEN UNDER A PETITION OR
21 UNDERTAKEN AS MAINTENANCE ON A DRAIN.
22 (O) "PUBLIC CORPORATION" INCLUDES THIS STATE, A COUNTY, A
23 CITY, A VILLAGE, A TOWNSHIP, A METROPOLITAN DISTRICT, OR AN
24 AUTHORITY CREATED BY OR PURSUANT TO STATE LAW.
25 (P) "SURVEYOR" MEANS A PROFESSIONAL SURVEYOR LICENSED UNDER
26 ARTICLE 20 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.2001 TO
27 339.2014.
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1 Sec. 3. (1) The word "drain", whenever used in this act,
2 shall include the main stream or trunk and all tributaries or
3 branches of any creek or river, any watercourse or ditch, either
4 open or closed, any covered drain, any sanitary or any combined
5 sanitary and storm sewer or storm sewer or conduit composed of
6 tile, brick, concrete, or other material, any structures or
7 mechanical devices, that will properly purify the flow of such
8 drains, any pumping equipment necessary to assist or relieve the
9 flow of such drains and any levee, dike, barrier, or a combina-
10 tion of any or all of same constructed, or proposed to be con-
11 structed, for the purpose of drainage or for the purification of
12 the flow of such drains, but shall not include any dam and flow-
13 age rights used in connection therewith which is used for the
14 generation of power by a public utility subject to regulation by
15 the public service commission. A DRAIN MAY BE LOCATED, ESTAB-
16 LISHED, CONSTRUCTED, MAINTAINED, AND IMPROVED CONSISTENT WITH THE
17 PROVISIONS OF THIS ACT. IF IT IS CONDUCIVE TO THE PUBLIC HEALTH,
18 CONVENIENCE, OR WELFARE, A DRAIN LOCATED, ESTABLISHED, OR CON-
19 STRUCTED BY A COUNTY DRAIN COMMISSIONER OR DRAINAGE BOARD OR BY A
20 CITY, VILLAGE, OR TOWNSHIP MAY BE MAINTAINED AND IMPROVED OR
21 RELOCATED ALONG A HIGHWAY OR DRAIN STRUCTURES OR MECHANICAL
22 DEVICES TO PURIFY OR IMPROVE THE FLOW OF THE DRAIN OR PUMPING
23 EQUIPMENT TO ASSIST OR RELIEVE THE FLOW OF A DRAIN MAY BE PRO-
24 VIDED AND 1 OR MORE BRANCHES MAY BE ADDED TO THE DRAIN UNDER THIS
25 ACT. A DRAIN MAY BE LAID OR EXTENDED INTO OR ALONG OR FROM ANY
26 LAKE OR OTHER BODY OF WATER SURROUNDED WHOLLY OR IN PART BY A
27 SWAMP, MARSH, OR OTHER LOW LANDS FOR THE GENERAL PURPOSES OF
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1 DRAINAGE CONTEMPLATED BY THIS ACT, BUT NOT SO AS TO IMPAIR THE
2 NAVIGATION OF ANY RIVER.
3 (2) IN EXERCISING POWERS AND PERFORMING DUTIES UNDER THIS
4 ACT, DRAIN COMMISSIONERS AND DRAINAGE BOARDS SHALL STRIVE TO PRE-
5 SERVE AND PROTECT THE NATURAL RESOURCES OF THIS STATE AND SHALL
6 ENDEAVOR TO ELIMINATE, REDUCE, OR MITIGATE ADVERSE IMPACTS TO
7 THOSE RESOURCES.
8 Sec. 6. All established drains regularly located and
9 established in pursuance of UNDER law existing IN EFFECT at
10 the time of location and establishment and visibly in existence,
11 which were established as drains, and OR all drains visibly in
12 existence in written drain easements, or rights of way, ORDERS,
13 OR OTHER RECORDS on file in the office of the commissioner,
14 shall be deemed ARE public drains AND SHALL BE PRESUMED TO HAVE
15 BEEN located AND ESTABLISHED UNDER LAW. THE EASEMENTS AND THE
16 DRAINS SHALL BE PRESUMED TO HAVE BEEN LOCATED in public easements
17 or rights of way which are valid and binding against any owners
18 of any PERSONS MAKING A CLAIM ON THE BASIS OF OWNERSHIP OF A
19 property interest who became or hereafter become such owners
20 after the location and establishment of the drain or the exis-
21 tence of the drain became visible or the written drain easement,
22 or right of way, OR ORDER was executed. , and the THE commis-
23 sioner or drainage board may use, enter upon, and preserve such
24 THE easement or right of way for maintenance AND IMPROVEMENT of
25 the visible drain and any other lawful activity with respect to
26 the same DRAIN not requiring a larger or different easement or
27 right of way and may exercise any rights granted in the written
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1 easement, or right of way, OR ORDER on file in the office of
2 the DRAIN commissioner. SUCH EASEMENTS OR RIGHTS OF WAY SHALL BE
3 CONSIDERED TO INCLUDE SUFFICIENT GROUND ON EACH SIDE OF THE
4 CENTER LINE OF THE DRAIN FOR THE DEPOSIT OF EXCAVATIONS FROM THE
5 DRAIN, IN ADDITION TO ANY LAND THAT MAY BE SPECIFIED IN THE
6 WRITING. Easements or rights of way , or portions of easements
7 or rights of way , no longer necessary for drainage purposes
8 may be conveyed or released to the fee owners by the commissioner
9 or drainage board on behalf of the drainage district. The drain
10 commissioner or drainage board shall give at least 30 days'
11 notice of the intention to release the excess easements by pub-
12 lishing a notice in a newspaper of general circulation in the
13 county or a newspaper of general circulation where the drainage
14 district boundaries are located. This notice shall give a gen-
15 eral description of the excess easements to be released and the
16 date any taxpayers may appear to protest said release. After
17 said date if no protests are received, the drain commissioner or
18 drainage board may release said excess easements or portions
19 thereof not necessary for drainage purposes.
20 Sec. 8. (1) The business which PERFORMED BY AND ANY HEAR-
21 ING HELD BY a board or commission COMMITTEE created pursuant to
22 this act , or a body of special commissioners appointed pursuant
23 to this act, may perform shall be conducted at a public meeting
24 of the board , commission, or body of special commissioners OR
25 COMMITTEE held in compliance with Act No. 267 of the Public Acts
26 of 1976, being sections 15.261 to 15.275 of the Michigan Compiled
27 Laws THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.
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1 Public notice of the time, date, and place of the meeting shall
2 be given in the manner required by Act No. 267 of the Public
3 Acts of 1976 THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO
4 15.275.
5 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, NOTICE OF
6 PUBLIC HEARINGS FOR THE BOARD OF DETERMINATION, DAY OF REVIEW,
7 BOARD OF REVIEW AND HEARINGS OF PRACTICABILITY AND NECESSITY OF
8 THE DRAINAGE BOARD SHALL BE SENT BY FIRST-CLASS MAIL TO ALL LAND-
9 OWNERS SUBJECT TO AN ASSESSMENT IN THE DRAINAGE DISTRICT AT THE
10 ADDRESS IN THE LAST CITY, VILLAGE, OR TOWNSHIP TAX ASSESSMENT
11 ROLL, EXCEPT IN PROCEEDINGS UNDER CHAPTERS 20 AND 21. NOTICES
12 SHALL ALSO BE PRESENTED TO OR SENT BY FIRST-CLASS MAIL TO THE
13 CLERKS OF EACH MUNICIPALITY INCLUDING CITIES, VILLAGES, TOWN-
14 SHIPS, AND THE COUNTY, THE DIRECTOR OF THE STATE TRANSPORTATION
15 DEPARTMENT, AND THE BOARD OF COUNTY ROAD COMMISSIONERS. IF AN
16 ADDRESS DOES NOT APPEAR UPON THE LAST TAX ASSESSMENT ROLL, A
17 NOTICE NEED NOT BE MAILED. THE NOTICE SHALL BE MAILED NOT LESS
18 THAN 10 CALENDAR DAYS BEFORE THE PROCEEDING AND THE NOTICE SHALL
19 BE POSTED IN THE OFFICE OF THE DRAIN COMMISSIONER.
20 (3) AN AFFIDAVIT OF MAILING IS CONCLUSIVE PROOF THAT NOTICE
21 OF A PUBLIC HEARING DESCRIBED IN SUBSECTION (2) WAS MAILED
22 ACCORDING TO THIS ACT. FAILURE TO RECEIVE A NOTICE BY MAIL IS
23 NOT A JURISDICTIONAL DEFECT INVALIDATING A DRAIN PROCEEDING OR
24 TAX IF NOTICE HAS BEEN SENT AS PROVIDED IN THIS ACT. NOTICE OF A
25 PUBLIC HEARING DESCRIBED IN SUBSECTION (2) SHALL BE PUBLISHED AT
26 LEAST ONCE, NOT LESS THAN 10 CALENDAR DAYS BEFORE THE PROCEEDING,
27 IN A NEWSPAPER OF GENERAL CIRCULATION IN THE DRAINAGE DISTRICT.
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1 THE NOTICE SHALL COMPLY WITH THE OPEN MEETINGS ACT, 1976 PA 267,
2 MCL 15.261 TO 15.275, SETTING FORTH THE TIME, DATE, PLACE, AND
3 PURPOSE OF THE MEETING. IF THE HEARING IS FOR THE BOARD OF
4 DETERMINATION, DAY OF REVIEW, OR BOARD OF REVIEW, THE NOTICE
5 SHALL INCLUDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
6 DRAIN COMMISSIONER IN THE COUNTY WHERE THE PROCEEDING WILL TAKE
7 PLACE. IF THE HEARING IS A HEARING OF PRACTICABILITY AND NECES-
8 SITY OF THE DRAINAGE BOARD, THE NOTICE SHALL INCLUDE THE NAME,
9 ADDRESS, AND TELEPHONE NUMBER OF EACH OF THE MEMBERS OF THE
10 DRAINAGE BOARD. THE NOTICE SHOULD EXPLAIN THE CONSEQUENCE OF ANY
11 OF THE DECISIONS MADE AT THE HEARING AND SHOULD SPECIFY ANY
12 APPEAL PERIOD FOR THE ACTION TAKEN. ALL OTHER NOTICES SHALL
13 COMPLY WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO
14 15.275.
15 (4) (2) A writing prepared, owned, used, in the possession
16 of, or retained by a board, COMMITTEE, commission, or advisory
17 committee created pursuant to this act, or a commissioner
18 appointed pursuant to this act, in the performance of an official
19 function shall be made available to the public in compliance with
20 Act No. 442 of the Public Acts of 1976, being sections 15.231 to
21 15.246 of the Michigan Compiled Laws THE FREEDOM OF INFORMATION
22 ACT, 1976 PA 442, MCL 15.231 TO 15.246.
23 Sec. 10. Drains may be laid or extended into or along or
24 from any lake or other body of water surrounded wholly or in part
25 by a swamp, marsh or other low lands for the general purpose of
26 drainage contemplated by this act, but not so as to impair the
27 navigation of any navigable river.
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1 Any meeting called pursuant to the provisions of this act,
2 unless otherwise provided, may be adjourned from time to time by
3 public announcement thereof and no advertisement of the time of
4 said adjournment shall be required.
5 The commissioner shall have jurisdiction over all estab-
6 lished county drains within his county, heretofore established
7 and now in the process of being established except that in the
8 case of a drain located or to be located entirely within a single
9 city or village, such jurisdiction shall be consented to by reso-
10 lution of the governing body of such city or village.
11 If any A drainage project lies entirely within the limits
12 of a municipality less OTHER than a county, such municipality,
13 by its THE governing body , shall have the power to OF THE
14 MUNICIPALITY MAY pledge the full faith and credit of the munici-
15 pality for the payment of bonds or drain orders issued in connec-
16 tion with such THE project. , and if IF a deficiency exists
17 in the drain fund or sinking fund for said THE drain 1 year
18 after the last installment of the deficiency assessment provided
19 for in section 280 of this act, shall have become BECOMES
20 delinquent, such THE municipality shall forthwith IMMEDIATELY
21 advance to the county drain fund the amount of such THE
22 deficiency. and thereafter AFTER THE MUNICIPALITY MAKES THE
23 ADVANCE, all receipts of such THE drain fund from the sale of
24 delinquent tax lands, which had been assessed for said THE
25 drain, shall be paid to the municipality within 90 days after
26 receipt by the county treasurer.
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1 Sec. 11. (1) Any easement, right of way, or release of
2 damages HEREAFTER obtained AFTER THE EFFECTIVE DATE OF THE
3 AMENDATORY ACT THAT ADDED SECTION 329 in connection with any pro-
4 posed drain or drains shall, following the expiration of 30 days
5 after the day of review, be recorded in the office of the regis-
6 ter of deeds. : Provided, That in any HOWEVER, IN A drain pro-
7 ceeding in which an injunction or a writ of certiorari
8 SUPERINTENDING CONTROL has been issued but not determined within
9 30 days after the day of review, the recording shall be within 30
10 days after a determination sustaining the drain.
11 (2) All easements, rights of way, or releases of damages
12 hereafter obtained AT ANY TIME in connection with any AN
13 existing drain shall be recorded in the office of the register of
14 deeds when said drain is being cleaned, relocated, deepened,
15 widened, straightened, extended, tiled MAINTAINED, IMPROVED, or
16 consolidated pursuant to law. WHEN A DRAIN IS CONSOLIDATED PUR-
17 SUANT TO LAW, ANY AND ALL EASEMENTS GRANTED TO THE SEPARATE
18 DRAINAGE DISTRICTS SHALL BE CONSIDERED TO BE ASSIGNED TO THE CON-
19 SOLIDATED DRAINAGE DISTRICT WITH FULL FORCE AND EFFECT OF LAW AS
20 ORIGINALLY GRANTED.
21 (3) The recording required by this section shall be made by
22 the drain commissioner or the drainage board, as the case may
23 be, and APPROPRIATE. HOWEVER, THE RECORDING MAY BE MADE AT ANY
24 TIME BY THE DRAIN COMMISSIONER OR DRAINAGE BOARD AND IN EITHER
25 INSTANCE the cost of such recording SHALL BE paid by the drainage
26 district.
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1 Sec. 21. (1) At the general election to be held in November
2 , 1976 2000, and each fourth year after November , 1976 2000,
3 a county drain commissioner shall be elected in each county
4 having a drain commissioner by the qualified electors of the
5 county. The term of office of the A commissioner shall begin
6 on the January 1 following the drain commissioner's election and
7 continue for a period of 4 years and until his or her successor
8 is elected and qualified, whichever occurs earlier.
9 (2) As determined by the county board of commissioners, the
10 county drain commissioner shall be covered by a blanket bond or,
11 before entering upon the duties of office, shall execute and file
12 with the county clerk a bond to the people of the state in the
13 penal sum of $5,000.00, issued by a surety company licensed to do
14 business in this state, conditioned upon the faithful discharge
15 of the duties of the office. The county board of commissioners
16 may fix the individual bond to be required of the commissioner at
17 a different amount if, in its judgment, that is desirable.
18 (3) The county board of commissioners of a county having a
19 population of less than 12,000, by resolution of a 2/3 vote of
20 the members elect, may abolish the office of county drain commis-
21 sioner and transfer the powers and duties of the office to the
22 board of county road commissioners.
23 (3) (4) If a county establishes a department of public
24 works pursuant to Act No. 185 of the Public Acts of 1957, as
25 amended, being sections 123.731 to 123.786 of the Michigan
26 Compiled Laws 1957 PA 185, MCL 123.731 TO 123.786, or a public
27 improvement agency with the drain commissioner designated as the
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1 county agent pursuant to the county public improvement act of
2 1939, Act No. 342 of the Public Acts of 1939, as amended, being
3 sections 46.171 to 46.188 of the Michigan Compiled Laws 1939 PA
4 342, MCL 46.171 TO 46.188, the county board of commissioners, by
5 resolution of a 2/3 vote of the members elected and serving, may
6 combine the powers, duties, and functions set forth in Act
7 No. 185 of the Public Acts of 1957, as amended, Act No. 342 of
8 the Public Acts of 1939, as amended 1957 PA 185, MCL 123.731 TO
9 123.786, THE COUNTY PUBLIC IMPROVEMENT ACT OF 1939, 1939 PA 342,
10 MCL 46.171 TO 46.188, and this act into 1 county department
11 headed by a public works commissioner. The public works commis-
12 sioner shall be elected in the same manner and for the same term
13 as a drain commissioner. and shall carry out the powers and
14 duties of a drain commissioner.
15 (4) (5) A resolution provided for in subsection (4) (3)
16 may not be adopted unless the county board of commissioners has
17 first held at least 1 generally publicized public hearing on the
18 resolution.
19 (5) (6) Not less than 3 years after a county establishes
20 the office of public works commissioner pursuant to subsections
21 (4) (3) and (5) (4), or a public improvement agency, the
22 county board of commissioners, by resolution approved by a 2/3
23 vote of the members elected and serving, may abolish the office
24 of public works commissioner not less than 6 months before the
25 next primary election for that office. The office of public
26 works commissioner shall be abolished in the county effective 180
27 days after a resolution is adopted pursuant to this subsection.
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1 The office shall then be referred to as the drain commissioner
2 and the person in office at the time a resolution of abolishment
3 is passed shall fulfill the remainder of the term of office until
4 the next general election.
5 (6) (7) A county that is organized under Act No. 293 of
6 the Public Acts of 1966, being sections 45.501 to 45.521 of the
7 Michigan Compiled Laws 1966 PA 293, MCL 45.501 TO 45.521, whose
8 charter prescribes an elected county executive, and which county
9 has a population of more than 2,000,000 at the time the charter
10 is adopted, shall be governed by section 21a in place of this
11 section.
12 Sec. 22. All commissioners holding such office when this
13 act takes effect shall continue to be such commissioners until
14 their respective successors are elected and qualified in accord-
15 ance with the provisions of the foregoing section. The majority
16 of SUBJECT TO SECTIONS 21 AND 21A, the COUNTY board of county
17 commissioners may SHALL establish or reestablish the office of
18 county drain commissioner in counties not having a county drain
19 commissioner by resolution of a majority of members elect ON
20 THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 329.
21 Sec. 23. (1) The commissioner shall have jurisdiction over
22 all COUNTY drains within his THE county, including those
23 heretofore established and now in THE process of construction
24 BEING ESTABLISHED OR CONSTRUCTED. Drains extending into more
25 than 1 county, or affecting lands in more than 1 county, shall be
26 established and constructed in accordance with the provisions of
27 this act regulating the establishment and construction of drains
02102'97
17
1 traversing more than 1 county or affecting lands in more than 1
2 county. Nothing in this act shall be construed as depriving a
3 THE drain commissioner OF A COUNTY IS NOT DEPRIVED of jurisdic-
4 tion or as making any drain OVER A DRAIN AND THE DRAIN DOES NOT
5 BECOME an intercounty drain, merely because a THE drain extends
6 into another county for the purpose of securing a proper outlet
7 and not for the purpose of draining any lands in the other
8 county, : Provided, such IF THE extension is approved by the
9 drain commissioners and the COUNTY board of supervisors
10 COMMISSIONERS of each affected county. The portion of any such
11 THE drain extending into another county shall not be considered
12 in determining the number of signers required to FOR a petition
13 to locate, establish, and construct.
14 (2) THE DRAIN COMMISSIONER OR DRAINAGE BOARD MAY REVIEW AND
15 APPROVE ALL ACTIVITIES INCLUDING CONSTRUCTION AND LAND USE
16 CHANGES WHICH WILL OR COULD LIKELY AFFECT THE OPERATION OF AN
17 ESTABLISHED COUNTY OR INTERCOUNTY DRAIN OR AFFECT THE WATER QUAL-
18 ITY OR QUANTITY OF THE DRAINS WITHIN THE COUNTY SUBJECT TO RULES
19 PUBLISHED BY THE DRAIN COMMISSIONER OR DRAINAGE BOARD AND
20 APPROVED BY THE COUNTY BOARD OF COMMISSIONERS OF THE COUNTY OR
21 COUNTIES INVOLVED. THE DRAIN COMMISSIONER OR DRAINAGE BOARD AS A
22 PART OF THE PUBLISHED RULES MAY ESTABLISH A SCHEDULE OF FEES
23 ATTENDANT TO THE REVIEW, INSPECTION, OR ANALYSIS OF ALL ACTIVITY
24 OUTLINED HEREIN, TOGETHER WITH RULES AS IT RELATES TO THE DIS-
25 CHARGE INTO AN ESTABLISHED DRAIN, CONNECTION TO OR CROSSING OF AN
26 ESTABLISHED DRAIN, OR USE OF THE DRAIN RIGHT-OF-WAY.
02102'97
18
1 Sec. 24. A commissioner may appoint a deputy or deputies ,
2 if the county board of commissioners approves, and may revoke
3 the appointment at pleasure. The appointment shall be made in
4 writing and filed with the clerk of the county. If the commis-
5 sioner is unable to execute the duties of office, the deputy or
6 deputies shall execute or assist in the execution of the duties
7 of the county drain commissioner. assigned by the county drain
8 commissioner. As determined by the county board of commission-
9 ers, the deputy or deputies, either shall be covered by a blanket
10 bond or shall file WITH THE DRAIN COMMISSIONER a bond with and
11 to be approved by the DRAIN commissioner in a sum not to exceed
12 $5,000.00, conditioned upon the faithful discharge of the
13 deputy's or deputies' duties. If the commissioner dies during
14 his or her term, the deputy commissioner shall have all of the
15 powers and be charged with all of the duties of a commissioner
16 until a commissioner is appointed or elected.
17 Sec. 25. (1) The commissioner and his bondsmen shall be
18 THE SURETIES ON THE INDIVIDUAL OR BLANKET BONDS COVERING THE COM-
19 MISSIONER AND DEPUTY ARE liable for all the acts and defaults of
20 the A deputy or deputies when appointed as herein provided
21 IN SECTION 24. After entry of the order designating drainage
22 districts as provided in section 54 and section 105, of this
23 act, the drainage district as designated shall be responsible
24 for and IS liable for all acts and defaults of such THE com-
25 missioner and his OR A deputy, or deputies, except for acts
26 of malfeasance or misfeasance.
02102'97
19
1 (2) The COUNTY board of supervisors COMMISSIONERS may
2 adopt resolutions providing that public liability or other
3 insurance may be purchased at the expense of the county to cover
4 such potential liabilities of the various drainage districts
5 under the supervision of the county drain commissioner.
6 Sec. 26. Each deputy commissioner shall receive such THE
7 salary or compensation as the DETERMINED BY THE COUNTY board of
8 supervisors shall allow COMMISSIONERS and all traveling
9 expenses actually and necessarily spent by him in the discharge
10 of his OR HER duties as prescribed in this act. ; he shall make
11 a report to the commissioner of all work performed by him on or
12 before the first Saturday of each month and an annual report on
13 or before the second Wednesday in September of each year.
14 Sec. 27. County clerks, or the board of auditors in coun-
15 ties having such boards, shall be authorized, and it shall be
16 their duty to procure, at the expense of their respective coun-
17 ties, the necessary books, blanks and stationery for the use of
18 said commissioners; and each commissioner shall furnish upon
19 request blank applications or petitions to any person who may
20 desire to file the same under this act. The AT THE EXPENSE OF
21 THE COUNTY, THE office of the DRAIN commissioner shall be fur-
22 nished at the expense of the county by the board of supervisors,
23 or by the board of auditors in counties having such boards, and
24 shall be maintained at the county seat, in which said office said
25 commissioner shall be and remain at least 1 day per week such day
26 to be painted on the door of the commissioner's office and
27 printed or stamped on his stationery WITH THE NECESSARY BOOKS,
02102'97
20
1 BLANKS, DOCUMENTS, STATIONERY, OFFICE SUPPLIES, AND WORD
2 PROCESSING, MAPPING AND ASSESSING EQUIPMENT TO FULFILL THE DUTIES
3 OF THIS ACT OR OTHER ACTS, ORDINANCES, OR RESOLUTIONS SPECIFYING
4 DUTIES TO BE PERFORMED BY THE DRAIN COMMISSIONER. THE DRAIN
5 COMMISSIONER'S OFFICE SHALL FURNISH TO ANY PERSON, WHO MAY SO
6 DESIRE, DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE PROCEDURES
7 OF THIS ACT, AND THE DRAIN COMMISSIONER MAY ASSIST IN THE PREPA-
8 RATION OF SUCH DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE PRO-
9 CEDURES OF THIS ACT. THE OFFICE OF THE COMMISSIONER SHALL BE
10 FURNISHED AT THE EXPENSE OF THE COUNTY BOARD OF COMMISSIONERS AND
11 SHALL BE MAINTAINED AT THE COUNTY SEAT.
12 Sec. 28. (1) Each SUBJECT TO SUBSECTION (2), A DRAIN com-
13 missioner shall receive an annual salary to be paid at other
14 county officers are paid, the AND FRINGE BENEFITS AS DETERMINED
15 BY THE COUNTY BOARD OF COMMISSIONERS. THE amount of the salary
16 to AND FRINGE BENEFITS SHALL be fixed by the county board of
17 commissioners before November 1 of each year AND SHALL BE PAID in
18 the same manner as the salaries AND FRINGE BENEFITS of other
19 county officers are fixed AND PAID. The salary AND FRINGE
20 BENEFITS may be increased but shall not be decreased during his
21 or her THE term of office , and in addition, each commissioner
22 shall be allowed OR SUCCESSIVE TERMS. THE COUNTY SHALL PAY A
23 DRAIN COMMISSIONER FOR his or her actual necessary expenses,
24 including traveling expenses incurred in the discharge of the
25 duties of the office. , including all actual and necessary
26 expense for clerk hire and recording by the county board of
27 commissioners or board of county auditors to be paid by the
02102'97
21
1 county. The expense account shall be an itemized account. and
2 verified by oath taken before a proper officer. The amounts paid
3 to the commissioner for salary and expenses shall be in full for
4 all services rendered by the commissioner and all expenses
5 incurred in the performance of the duties of the office.
6 (2) Notwithstanding subsection (1), for IF a county
7 which has a county officers compensation commission, the com-
8 pensation for each THE county drain commissioner shall be
9 determined by that commission UNDER 1978 PA 485, MCL 45.471 TO
10 45.477. A change in compensation for a county drain commis-
11 sioner of a county which has a county officers compensation com-
12 mission shall commence at the beginning of the first odd numbered
13 year after the determination is made by the county officers com-
14 pensation commission and is not rejected.
15 Sec. 29. The county shall furnish the commissioner with all
16 necessary OF THE FOLLOWING:
17 (A) NECESSARY books and papers for use in the survey. , and
18 such office equipment as shall be necessary in making
19 (B) OFFICE EQUIPMENT NECESSARY TO MAKE profiles, blueprints,
20 and specifications in any drainage district. The surveyor or
21 engineer shall file with the commissioner all
22 (C) ADEQUATE SPACE AND FACILITIES TO FILE, PRESERVE, AND
23 RETAIN field notes, blueprints, profiles, estimates, and all
24 other papers in his possession relating to said drain THE
25 DRAINS. The COUNTY board of supervisors of any county
26 COMMISSIONERS may employ an engineer who shall perform under this
02102'97
22
1 act the services required to be performed by an engineer or
2 surveyor AS MAY BE DIRECTED BY THE DRAIN COMMISSIONER.
3 Sec. 30. It shall be the duty of each commissioner to make
4 and keep A DRAIN COMMISSIONER SHALL MAINTAIN a full financial
5 statement of each drainage district. The commissioner shall also
6 make and keep in his THE COMMISSIONER'S office in a book to be
7 provided for that purpose a complete record of each drainage
8 district. , which THE record shall include a copy of the appli-
9 cation for laying out and designating such THE district, of the
10 petition for the drain, of the minutes of the survey, of the
11 releases of the right of way where the same have been released,
12 of the orders of determination of the necessity for and of the
13 establishment of the drain, and of the apportionment and assess-
14 ment of benefits therefor . Where special commissioners have
15 been called, it shall also contain a copy of the application to
16 the probate court, of the return of the special commissioners
17 and of all other papers in his THE office necessary to show a
18 complete history of each drainage district, all of which said
19 original papers shall then be enrolled and filed in the office of
20 the county drain commissioner. No drain tax shall be spread
21 until all the records required have been deposited and filed in
22 the office of the county drain commissioner.
23 Sec. 31. (1) Each IF REQUESTED BY THE COUNTY BOARD OF
24 COMMISSIONERS, A DRAIN commissioner shall make a report to the
25 county board of commissioners at its annual meeting in October of
26 the drainage districts laid out , AND the drains constructed,
27 finished, or begun under his or her supervision during the year
02102'97
23
1 ending October 1, and the commissioner shall also submit to
2 the board a full financial statement of each drainage district.
3 THE REPORTS ARE INTENDED TO BE ADVISORY AND NOT A PREREQUISITE TO
4 THE SPREAD OF ANY ASSESSMENTS UNDER THIS ACT. THE FAILURE TO
5 SUBMIT A REPORT SHALL NOT CONSTITUTE A DEFECT IN VALIDATING ANY
6 DRAIN PROCEEDING OR TAX OR BOTH. If authorized by resolution of
7 the county board of commissioners, the report shall be made
8 before April 2 of each year and shall cover the preceding calen-
9 dar year. The commissioner shall also make reports and furnish
10 information as required by the director of the department of
11 agriculture.
12 (2) The reports required by subsection (1) shall include an
13 itemized statement of the orders issued on account of each drain-
14 age district and a debit and credit balance of the district
15 fund. The commissioner shall be IS liable on the blanket bond
16 or his or her individual bond for gross neglect of duty or a mis-
17 application of money coming under his or her control as
18 commissioner.
19 Sec. 32. The COUNTY board of supervisors COMMISSIONERS of
20 each county having a drain commissioner may adopt a resolution
21 authorizing the county to enter into an agreement with the secre-
22 tary of health, education and welfare pursuant to the provisions
23 of Act No. 205 of the Public Acts of 1951, as amended, being sec-
24 tions 38.851 to 38.870 of the Compiled Laws of 1948, THE DEPART-
25 MENT OF HEALTH AND HUMAN SERVICES UNDER 1951 PA 205, MCL 38.851
26 TO 38.871, to allow the drain commissioner and all the employees
27 of the drain commissioner's office to obtain the benefits
02102'97
24
1 provided by the federal social security act, CHAPTER 531,
2 49 STAT. 620. The funds necessary for this coverage shall be
3 appropriated from the county general fund. or from the revolving
4 drain fund.
5 Sec. 33. (1) The salary of the commissioner, deputy commis-
6 sioners, and clerks and employees of the drain commissioner's
7 office shall, except as otherwise provided in this act, be paid
8 from the general fund of the county in the same manner and at the
9 same time as other county employees are paid.
10 (2) The drain commissioner may, with the approval of the
11 county board of commissioners, hire drain maintenance employees.
12 Such drain DRAIN maintenance employees shall be considered
13 ARE county employees and shall be compensated from the general
14 fund of a county in the same manner and at the same time as other
15 county employees. SUCH DRAIN MAINTENANCE EMPLOYEES SHALL BE IN
16 ADDITION TO AND NOT TO BE SUBSTITUTED FOR DRAIN MAINTENANCE
17 EMPLOYEES PAID FOR BY THE GENERAL FUND AT THE TIME OF THE EFFEC-
18 TIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 329.
19 (3) The general fund of a county shall be reimbursed by the
20 drain districts in which work is performed by drain maintenance
21 employees hired by the commissioner pursuant to subsection (2)
22 for compensation, including the cost of fringe benefits, paid to
23 the drain maintenance employees by the county from its general
24 fund. The county board of commissioners may waive the reimburse-
25 ment for emergency work not exceeding $800.00 performed on any
26 1 drain during the course of 1 year.
02102'97
25
1 SEC. 34. (1) A PERSON SHALL NOT DISCHARGE INTO, MAKE A
2 CONNECTION TO, OR CONSTRUCT A CROSSING OF ANY ESTABLISHED COUNTY
3 OR INTERCOUNTY DRAINS WITHOUT THE REVIEW AND APPROVAL OF THE
4 DRAIN COMMISSIONER OR DRAINAGE BOARD. THE DRAIN COMMISSIONER OR
5 DRAINAGE BOARD MAY ADOPT AND PUBLISH RULES WITH REGARDS TO DIS-
6 CHARGES AND CONNECTIONS TO COUNTY OR INTERCOUNTY DRAINS OR CROSS-
7 INGS OF COUNTY OR INTERCOUNTY DRAINS. THE RULES MAY INCLUDE A
8 SCHEDULE OF FEES TO BE CHARGED FOR THE REVIEW AND INSPECTION OF
9 ANY DISCHARGES, CONNECTIONS, OR CROSSINGS AND PENALTIES FOR
10 NONCOMPLIANCE. THE RULES AND SCHEDULE OF FEES SHALL NOT TAKE
11 EFFECT UNLESS APPROVED BY THE COUNTY BOARD OF COMMISSIONERS OF
12 THE COUNTY OR COUNTIES AFFECTED. THE FEES SHALL BE DEPOSITED IN
13 A REVOLVING FUND AND USED FOR REVIEWS AND INSPECTIONS AS SPECI-
14 FIED IN THE RULE. IF THE REVOLVING FUND IS NOT SUFFICIENT TO
15 COVER EXPENSES FOR THE REVIEWS AND INSPECTIONS, THE EXPENSES
16 SHALL BE PAID FROM THE COUNTY GENERAL FUND.
17 (2) THE DRAIN COMMISSIONER MAY ESTABLISH RULES AND SCHEDULE
18 OF FEES FOR OTHER REVIEWS AND INSPECTIONS REQUIRED OF THE DRAIN
19 COMMISSIONER'S OFFICE BY THE COUNTY BOARD OF COMMISSIONERS BY
20 OTHER STATUTE, INCLUDING BUT NOT LIMITED TO THE LAND DIVISION
21 ACT, 1967 PA 288, MCL 560.101 TO 560.293, THE MOBILE HOME COMMIS-
22 SION ACT, 1987 PA 96, MCL 125.2301 TO 125.2349, AND THE CONDOMIN-
23 IUM ACT, 1978 PA 59, MCL 559.101 TO 559.275. THE FEES SHALL BE
24 DEPOSITED IN A REVOLVING FUND UNDER SUBSECTION (1).
25 Sec. 51. Before a commissioner takes any action on any
26 application A COMMISSIONER SHALL NOT ACT ON A PETITION to
27 locate, establish, and construct any A drain, there shall
02102'97
26
1 first be filed with him UNLESS an application to lay out and
2 designate a drainage district with reference to a proposed drain
3 therein; such application shall AND tentatively describe
4 DESCRIBING the location and route of such THE proposed drain IS
5 FILED WITH THE COMMISSIONER. The application shall be signed by
6 not less than 10 freeholders of the township or townships in
7 which such proposed drain or the proposed lands to be drained
8 thereby may be situated: Provided, That 5 or more of said sign-
9 ers shall be the owners of land liable to an assessment for the
10 construction of such proposed drain: Provided further, If it
11 shall appear to the drain commissioner on filing an application
12 to lay out and designate a drainage district that said district
13 might not include 20 freeholders whose lands would be liable for
14 such assessment, in such case such application shall be received
15 if any one of the signers is a freeholder liable to an assessment
16 for the construction of such proposed drain. 5 LANDOWNERS IN THE
17 DRAINAGE DISTRICT WHOSE LANDS WOULD BE LIABLE TO ASSESSMENT FOR
18 BENEFITS OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS THAN
19 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR MAY BE
20 SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA LIABLE FOR
21 ASSESSMENT. The eligibility of the signers to such application
22 shall be determined by the drain commissioner according to their
23 interest of record in the office of the register of deeds, in the
24 probate court, or in the circuit court of the county in which
25 such lands are situated at the time such application is filed.
26 The board of supervisors, by resolution, may instruct the drain
27 commissioner to refuse any application to lay out a drainage
02102'97
27
1 district unless a cash deposit, sufficient to cover the
2 preliminary costs, accompanies the application. THE DRAIN COM-
3 MISSIONER MAY REQUIRE A CASH DEPOSIT, SUFFICIENT TO COVER THE
4 PRELIMINARY COSTS TO ESTABLISH THE DISTRICT, TO ACCOMPANY THE
5 APPLICATION AND MAY REFUSE TO ACCEPT SUCH APPLICATION WITHOUT A
6 CASH DEPOSIT. If the drain is completed, the cost advanced shall
7 be returned to the depositor or his A personal representative
8 out of the first tax collections on the drain. If uncompleted,
9 any excess above costs shall be so returned. In lieu INSTEAD
10 of an application signed by freeholders LANDOWNERS as afore-
11 said, such an application may be signed solely by the board of
12 health of the county A MUNICIPALITY IF AUTHORIZED BY ITS GOVERN-
13 ING BODY, if the proposed drain is necessary for the public
14 health of any part of the county, or may be signed solely by any
15 city, village or township when duly authorized by its governing
16 body, if the proposed drain is necessary for the public health of
17 such THE municipality and if such THE municipality will be
18 liable for an assessment at large against it for a percentage of
19 the cost of the proposed drain. The entry of an order designat-
20 ing a drainage district , as hereinafter provided, UNDER
21 SECTION 54 shall be considered a determination of the sufficiency
22 of such application.
23 Sec. 52. Upon filing of such IF AN application for a new
24 drainage district IS FILED, the commissioner shall immediately
25 cause a survey to be made by a competent surveyor or engineer
26 to determine the area which THAT would be drained by the
27 proposed drain. , and THE COMMISSIONER SHALL ALSO CAUSE the
02102'97
28
1 route and type of construction of the drain or drains most
2 serviceable for that purpose TO BE DETERMINED BY AN ENGINEER.
3 He shall not be THE ENGINEER IS NOT limited in such determina-
4 tion to the route described in the application. In any county
5 having a board of county auditors, no survey shall be ordered
6 without the approval of such board but if IF the application
7 shows, or it is determined thereafter, that any such proposed
8 drainage district will affect lands in more than 1 county, the
9 commissioner shall proceed under the portions of chapter 5. of
10 this act relating to intercounty drains, and in such case the
11 approval of the board of county auditors shall not be required.
12 If upon the survey, or if before the survey is made, the commis-
13 sioner determines that the proposed drain is impractical, he
14 THE COMMISSIONER shall NOT take no further action thereon ON
15 THE DRAIN but shall, in writing, notify the persons who
16 delivered FILED the application to him, of that fact, and his
17 reasons for making his determination OF THE COMMISSIONER'S
18 DETERMINATION AND THE REASONS THEREFORE. If upon the survey AND
19 DETERMINATION OF THE ROUTE AND TYPE OF CONSTRUCTION the commis-
20 sioner determines the proposed drain to be practical, he THE
21 COMMISSIONER shall lay out a drainage district, prepare and file
22 in the office of the drain commissioner a description of the
23 drainage district, which may be described by its boundaries of
24 highways and streets and OR BY A DESCRIPTION OF ALL OF THE
25 tracts and parcels of land including therein all highways and
26 streets, townships, cities, and villages, or by a description of
27 all tracts or parcels of land , highways, townships, cities and
02102'97
29
1 villages IDENTIFIED BY LEGAL DESCRIPTION OR TAX CODE PARCEL
2 NUMBER which would be benefited by the construction of the pro-
3 posed drain, and which would be liable to an assessment therefor,
4 should the drain be constructed as hereinafter provided. The
5 commissioner shall obtain from the county treasurer a statement
6 showing as near as may be the amount of taxes and special assess-
7 ments levied against the lands in the proposed drainage district
8 on the tax rolls for the 3 years next preceding, and the amount
9 of such taxes and assessments remaining unpaid, and if it appears
10 from the statement that 33 1/3% or more of the lands in the pro-
11 posed drainage district have been returned as tax delinquent and
12 still remain delinquent, no THE COMMISSIONER SHALL NOT TAKE
13 further action shall be taken ON THE DRAIN.
14 Sec. 53. (1) The surveyor or engineer authorized to make
15 the survey shall ascertain the size and depth of the drains.
16 and he shall preserve all minutes with reference thereto. He
17 THE ENGINEER shall prepare preliminary plans, drawings, and pro-
18 files thereof OF THE DRAIN, together with a computation of the
19 yards of earth to be excavated, the amount of tile or pipe to be
20 used and the necessary bridges and culverts or fords DESCRIPTION
21 OF THE NATURE AND TYPE OF CONSTRUCTION INCLUDING THE NECESSARY
22 CROSSINGS, STRUCTURES, AND FACILITIES to be built in constructing
23 such THE proposed drain , and his AN estimate of the cost
24 of such construction. , and where practicable shall recommend
25 the leveling of the spoil banks. He shall thereupon lay out a
26 drainage district, which district may be described by its
27 boundaries of streets or highways or tracts or parcels of land,
02102'97
30
1 or by a description of all tracts or all parcels of land,
2 including therein all highways, townships, counties, cities and
3 villages which would be benefited by the construction of the pro-
4 posed drain, all of which he shall deliver to the commissioner.
5 The surveyor or engineer shall not be IS NOT limited to the
6 route described in the application but may recommend a route and
7 type of construction for the DRAIN OR drains he considers
8 CONSIDERED most serviceable for draining the area involved. THE
9 ENGINEER OR SURVEYOR SHALL LAY OUT A PROPOSED DRAINAGE DISTRICT,
10 WHICH DISTRICT MAY BE DESCRIBED BY ITS BOUNDARIES OR BY A
11 DESCRIPTION OF TRACTS OR PARCELS OF LAND AS SPECIFIED IN SECTION
12 52, ALL OF WHICH SHALL BE THEN DELIVERED TO THE COMMISSIONER.
13 (2) THE ENGINEER OR OTHER QUALIFIED PROFESSIONAL, AT THE
14 DIRECTION OF THE COMMISSIONER, MAY ALSO EVALUATE THE EFFECTS OF
15 THE PROPOSED PROJECT ON NATURAL RESOURCES AND RECOMMEND APPROPRI-
16 ATE PRACTICAL MEASURES TO MINIMIZE ADVERSE EFFECTS.
17 Sec. 54. (1) The commissioner shall prepare and file in
18 his OR HER office his THE order designating a drainage
19 district. and give it THE ORDER SHALL GIVE THE DRAINAGE
20 DISTRICT a name or number and describe therein the boundaries
21 of the district by streets or highways or parcels of land for
22 each of the several tracts or parcels of land included therein
23 and the counties, townships, cities, villages, and state trunk
24 line highways which would be benefited by the construction of the
25 drains and would be liable to assessment therefor. , also a
26 description of the drains as determined by him, showing THE
27 COMMISSIONER SHALL ALSO PREPARE AND FILE IN HIS OR HER OFFICE the
02102'97
31
1 beginning, route, terminus, type of the proposed construction,
2 and the estimated cost of such proposed construction. The com-
3 missioner shall give notice of filing the order designating a
4 drainage district by publishing a notice in a newspaper of gen-
5 eral circulation in the county, or a newspaper of general circu-
6 lation in the area where the drainage district boundaries are
7 located , which THE notice shall give a general description of
8 the route of the proposed drain or drains and of the drainage
9 district as shown by the order.
10 (2) At any time after the order designating a drainage dis-
11 trict and giving it a name or number has been filed in the office
12 of the drain commissioner, the order may be amended as to THE
13 DRAIN COMMISSIONER MAY AMEND THE ORDER BY CHANGING the name or
14 number of the drain at any time by presenting to the drain com-
15 missioner of the county OR THE BOUNDARIES OF THE DISTRICT IF
16 THERE IS FILED WITH THE DRAIN COMMISSIONER A CERTIFICATION FROM
17 AN ENGINEER OR SURVEYOR OR a petition signed by no NOT less
18 than 5 land owners LANDOWNERS whose land is traversed by the
19 drain, which petition shall state STATING the then present name
20 or number of the drain and the change or changes to be made in
21 the name or number OF THE DRAIN OR THE BOUNDARIES OF THE
22 DISTRICT. Upon receipt of such petition, and if IF in the
23 drain commissioner's opinion it is to the best interest of all
24 concerned that the name or number OF THE DRAIN OR THE LANDS be
25 changed, he OR SHE shall make his AN order amending the name,
26 or number, OR DISTRICT BOUNDARIES, and thereafter the drainage
27 district shall be known by such THE name or number AND THE
02102'97
32
1 BOUNDARY SHALL BE AS SET FORTH IN THE AMENDED ORDER. The drain
2 commissioner shall forthwith post such signs upon the drain as he
3 may deem advisable for public notice of the new name or number.
4 Sec. 71. (1) After a drainage district has been IS estab-
5 lished and the order therefor DESIGNATING THE DISTRICT IS filed
6 with the county drain commissioner, a petition to locate,
7 establish, and OR construct a drain may be filed with the com-
8 missioner having jurisdiction of the lands designated in such
9 order as constituting the drainage district. Such OF THE COUNTY
10 WHERE THE DISTRICT IS LOCATED. THE petition shall ask for the
11 location, establishment, and construction of the drain or drains,
12 or any part thereof, as described in said THE order.
13 (2) The petition shall be signed by a number of
14 freeholders 5 LANDOWNERS in said THE drainage district whose
15 lands would be liable to an assessment for benefits , equal to
16 1/2 the number of freeholders whose lands would be traversed by
17 the drain or drains applied for or abut on any highway or street
18 along the side of which such drain extends, between the point
19 where such drain enters such highway and the point where it
20 leaves such highway and which lands are within the drainage
21 district OR AT LEAST 50% OF THE LANDOWNERS IF THERE ARE LESS
22 THAN 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR ASSESSMENT OR
23 MAY BE SIGNED BY LANDOWNERS REPRESENTING 25% OF THE LAND AREA
24 LIABLE TO ASSESSMENT. Such THE petition shall be accompanied
25 by a description OR TAX PARCEL CODE of the land in said THE
26 district owned by each signer and by a certificate of the county
27 treasurer as to payment of taxes and special assessments against
02102'97
33
1 such THE lands. Such certificate shall be in substantially the
2 following form:
3 I hereby certify that there are no taxes or special assess-
4 ments unpaid against any of the lands described in the annexed
5 list according to the records of the county treasurer's office
6 for the past 3 years, except as follows:
7
8 Description Year Tax or assessment Amount
9 ................. ............ ..................... ........
10 (3) The name of any signer as to whose land such THE cer-
11 tificate shows taxes or assessments unpaid for 3 years shall not
12 be counted. The eligibility of the PETITION signers to such
13 petition shall be determined by the commissioner according to
14 their interest of record in the office of the register of deeds,
15 in the probate court, or the circuit court of the county in
16 which such THE lands are situated at the time such WHEN THE
17 petition is filed. In determining the number of owners whose
18 lands are traversed by such drain, or abut thereon as hereinbe-
19 fore prescribed, the drain commissioner shall investigate the
20 records of the register of deeds, of the probate court and of the
21 circuit court of the county, and shall make diligent inquiry in
22 the community, including inquiry of anyone in possession of all
23 of such lands so traversed or so abutting as to the ownership
24 thereof. In lieu of a petition signed by freeholders as afore-
25 said, the petition may be signed solely by a city, village or
26 township when duly authorized by its governing body, or by any
27 combination of such municipalities, if such petitioning
02102'97
34
1 municipality or municipalities IF AUTHORIZED BY THEIR RESPECTIVE
2 GOVERNING BODIES, THE PETITION MAY INSTEAD BE SIGNED BY 1 OR MORE
3 MUNICIPALITIES THAT will be liable to assessments at large for
4 at least a percentage of the total amount to be assessed for
5 ALL OR PART OF the cost of the proposed drain. In the event of
6 such a municipally signed petition, then the foregoing provisions
7 of this section, other than the first 2 sentences thereof, shall
8 not be applicable.
9 Sec. 72. (1) As soon as practicable after the filing of a
10 petition, the commissioner authorized to act on the petition, if
11 not disqualified under section 381 to make the apportionment of
12 benefits, may appoint a board of determination composed of 3 dis-
13 interested property owners. If the commissioner is disqualified
14 or chooses not to appoint the board of determination, the commis-
15 sioner shall immediately file a copy of the petition with the
16 chairperson of the county board of commissioners, together with a
17 statement signed by the commissioner, showing that he or she is
18 disqualified or chooses not to act in appointing a board of
19 determination. Upon receiving a copy of the petition and certif-
20 icate, the chairperson of the county board of commissioners, if
21 not privately interested, as soon as practicable, shall appoint a
22 board of determination composed of 3 disinterested property
23 owners and shall immediately notify the drain commissioner of the
24 names and addresses of those appointed. If the chairperson of
25 the COUNTY board of commissioners has a private interest in the
26 proceedings, the drain FINANCE committee of the county board of
27 commissioners shall appoint the board of determination. Members
02102'97
35
1 of boards of determination shall be residents of the county but
2 not of a township, city, or village affected by the drain, and
3 may SHALL not be members of the county board of commissioners
4 of the county.
5 (2) A meeting of the board of determination shall be called
6 within the drainage district at a convenient place to be desig-
7 nated by the drain commissioner. The board of determination
8 meeting also may be held at a public building within the city,
9 village, or township in which the drain is located. If 1 of
10 those appointed to the board of determination fails or refuses to
11 serve OR IS DISQUALIFIED, the drain commissioner, THE COUNTY
12 BOARD OF COMMISSIONERS, OR THE FINANCE COMMITTEE OF THE COUNTY
13 BOARD OF COMMISSIONERS, WHICHEVER APPOINTED HIM OR HER, shall
14 appoint a successor.
15 (3) The per diem compensation, mileage, and expenses of a
16 member of the board of determination shall be PAID IN the same
17 AMOUNT AND MANNER as FOR A MEMBER OF the county board of commis-
18 sioners of the county. In counties where A COUNTY IN WHICH
19 MEMBERS OF THE COUNTY BOARD OF commissioners are not paid on a
20 per diem basis, the compensation, mileage, and expenses shall be
21 fixed by the drain commissioner. The members of the board of
22 determination shall not receive more than 1 per diem for a day no
23 matter how many separate matters are considered on that day.
24 (4) Upon request, the county drain commissioner shall inform
25 in writing the requesting state legislator who represents that
26 portion of the area in which the proposed drain improvement is to
02102'97
36
1 be constructed of the names and addresses of the persons
2 appointed to a board of determination.
3 (2) The drain commissioner shall give public notice of the
4 time, date, and place of the meeting of the board of determina-
5 tion in the manner required by the open meetings act, Act No. 267
6 of the Public Acts of 1976, as amended, being sections 15.261 to
7 15.275 of the Michigan Compiled Laws, and by publication in a
8 newspaper of general circulation in the county at least 10 days
9 before the meeting. Notice also shall be served on the county
10 clerk and on the clerk of each township, city, and village in the
11 district, personally or by registered mail, at least 10 days
12 before the meeting. The drain commissioner also shall send
13 notice, by first class mail, of the time, date, and place of the
14 meeting, to each person whose name appears on the last city, vil-
15 lage, or township tax assessment roll as owning land within the
16 special assessment district, at the address shown on the roll.
17 (5) NOTICE OF THE MEETING OF THE BOARD OF DETERMINATION
18 SHALL BE GIVEN IN THE MANNER PROVIDED IN SECTION 8. NOTICE SHALL
19 BE SENT TO EACH PERSON OR ENTITY AS NAMED ON THE LAST CITY, VIL-
20 LAGE, OR TOWNSHIP TAX ASSESSMENT ROLL AT THE ADDRESS SHOWN ON THE
21 ROLL. If an address does not appear on the roll, a notice need
22 not be mailed. to the person. The drain commissioner OR THE
23 COMMISSIONER'S DESIGNEE shall make an affidavit of the mailing
24 and shall recite in the affidavit that the persons to whom the
25 notice was mailed constitute all of the persons whose names and
26 addresses appear upon the tax rolls as owning land within the
27 particular special assessment district. The affidavit shall be
02102'97
37
1 conclusive proof that notice was mailed to each person to whom
2 notice is required to be mailed pursuant to this section. The
3 failure to receive a notice by mail shall DOES not constitute a
4 jurisdictional defect invalidating a drain proceeding or tax ,
5 or both, if notice has been sent by first class FIRST-CLASS
6 mail as provided in this section. Expenses of notification shall
7 be paid by the drainage district. when created.
8 (6) (3) At the time and place fixed in the notice, the
9 board of determination shall meet, elect a chairperson and secre-
10 tary, and proceed to determine the necessity of the proposed
11 drain and whether the drain is conducive to public health, conve-
12 nience, or welfare. The board of determination, if it considers
13 it necessary, shall require the county drain commissioner to THE
14 DRAIN COMMISSIONER OR THE DEPUTY DRAIN COMMISSIONER SHALL ATTEND
15 THE MEETING OF THE BOARD OF DETERMINATION. IF CONSIDERED NECES-
16 SARY, THE DRAIN COMMISSIONER SHALL obtain from the county trea-
17 surer a statement showing the amount of taxes and special assess-
18 ments levied against the land in the proposed drainage district
19 on the tax rolls for the immediately preceding 3 years and the
20 amount of the taxes and assessments remaining unpaid. If it
21 appears from the statement that 25% or more of the taxes are
22 unpaid on the lands, further action shall not be taken. AT THE
23 MEETING, THE BOARD OF DETERMINATION SHALL RECEIVE TESTIMONY AND
24 EVIDENCE TO DETERMINE WHETHER OR NOT THE DRAIN IS NECESSARY AND
25 CONDUCIVE TO THE PUBLIC HEALTH, CONVENIENCE, OR WELFARE. IF THE
26 BOARD OF DETERMINATION DETERMINES THAT ADDITIONAL INFORMATION IS
27 NEEDED BEFORE THE DETERMINATION OF NECESSITY CAN BE MADE, THE
02102'97
38
1 BOARD OF DETERMINATION MAY RECESS THE MEETING TO ALLOW FOR
2 ADDITIONAL INFORMATION TO BE GATHERED. THE COSTS INCURRED FOR
3 THE GATHERING OF THE ADDITIONAL INFORMATION AND ANY SUBSEQUENT
4 NOTICE SHALL BE ASSESSED TO THE DRAINAGE DISTRICT. FOLLOWING THE
5 COMPILATION OF THE REQUESTED INFORMATION, THE BOARD OF DETERMINA-
6 TION SHALL RECONVENE AFTER PROVIDING NOTICE AS REQUIRED BY SUB-
7 SECTION (5).
8 (7) After hearing the evidence offered, the board of deter-
9 mination shall make its determination on the necessity of the
10 drain and whether the drain is conducive to public health, conve-
11 nience, or welfare. THE DETERMINATION OF THE BOARD OF DETERMINA-
12 TION IS SOLELY FOR THE NECESSITY OF THE DRAIN. THE SCOPE OF THE
13 WORK TO BE UNDERTAKEN IS WITHIN THE SOLE AUTHORITY OF THE DRAIN
14 COMMISSIONER. If the board of determination finds, by a majority
15 vote of the members, that the drain is not necessary and condu-
16 cive to public health, convenience, or welfare, the board of
17 determination shall file with the commissioner an order dismiss-
18 ing the petition, PROCEDURES ARE TERMINATED, and a further peti-
19 tion for the drain shall not be entertained within 1 year after
20 the determination. COSTS INCURRED SHALL BE ASSESSED TO THE DIS-
21 TRICT AS IF IT HAD BEEN ESTABLISHED OR CONSTRUCTED. IF THE BOARD
22 OF DETERMINATION FINDS THAT THE PROPOSED DRAIN OR PROJECT IS NOT
23 NECESSARY, COSTS INCURRED FOR THE BOARD OF DETERMINATION, SURVEY-
24 ORS, ENGINEERS, AND ATTORNEYS EMPLOYED AND THE COSTS OF NOTICE
25 AND PUBLICATION SHALL BE PAID FROM THE GENERAL FUND OF THE
26 COUNTY. If the board of determination, by a majority vote, finds
27 the drain proposed to be OR PROJECT IS necessary and conducive
02102'97
39
1 to the public health, convenience, or welfare, the board of
2 determination shall make an order to that effect and file the
3 order with the commissioner.
4 (8) If the board of determination finds that THE DRAIN
5 NECESSARY, IT SHALL ALSO DETERMINE IF ALL OR a portion of the
6 COSTS OF construction of the proposed drain OR PROJECT is neces-
7 sary for the protection of the public health in 1 or more cities,
8 villages, and townships. , the THE order shall set forth the
9 determination giving the names of the municipalities receiving
10 benefit for PUBLIC health. If the board of determination deter-
11 mines that the whole cost, except that to be levied against state
12 or county highways for highway benefits, is necessary for the
13 public health, the cost shall be levied against the townships,
14 villages, and cities MUNICIPALITIES at large, and it shall not
15 be IS NOT necessary, in a subsequent order or notice to describe
16 or refer to land included in or comprising the drainage
17 district. Upon filing of the order of determination by the board
18 of determination, the drain commissioner, within 10 days of
19 filing, shall notify each municipality that it is liable to pay a
20 percent of the cost of construction of the drain by reason of
21 benefits at large for public health. The governing body of the
22 township, city, or village MUNICIPALITY, within 20 days after
23 receipt of the notification by registered FIRST-CLASS mail from
24 the drain commissioner, may appeal the order of the board of
25 determination AS TO THE FINDING THAT ALL OR A PORTION OF THE
26 COSTS IS NECESSARY FOR PUBLIC HEALTH to the probate court having
27 jurisdiction in the county in which the township, city, or
02102'97
40
1 village MUNICIPALITY is located. Upon receipt of the order of
2 the board of determination, and if an appeal has not been taken
3 by a municipality to the probate court, the commissioner, after
4 20 days, shall make his or her THE first order of determination
5 in writing, giving the name or number of the drainage district.
6 The commissioner shall establish the commencement, route, termi-
7 nus, and type of construction of the drain. , a copy of which
8 order he or she shall file, within WITHIN 15 days, THE DRAIN
9 COMMISSIONER SHALL FILE A COPY OF THE ORDER in his or her
10 office. If an appeal is taken to the probate court by a munici-
11 pality, the commissioner shall file his or her THE first order
12 of determination after the appeal procedures are terminated.
13 (9) IF THE BOARD OF DETERMINATION FINDS THAT THE DRAIN IS
14 NECESSARY AND CONDUCIVE TO PUBLIC HEALTH, CONVENIENCE, AND WEL-
15 FARE, THE DRAIN COMMISSIONER MAY, AT THE TIME OF THE MEETING OF
16 THE BOARD OF DETERMINATION, OR SUBSEQUENTLY UPON DUE NOTICE, CON-
17 VENE A MEETING TO PROVIDE INFORMATION OR ELICIT TESTIMONY AND
18 EVIDENCE WITH REGARDS TO THE ROUTE AND TYPE OF CONSTRUCTION AND
19 ESTIMATE OF COST OF THE DRAIN TO ASSIST THE DRAIN COMMISSIONER IN
20 DETERMINING THE SCOPE OF THE DRAIN PROJECT TO BE UNDERTAKEN BY
21 THE COMMISSIONER OR DRAINAGE BOARD. THE MEETING IS FOR INFORMA-
22 TIONAL PURPOSES ONLY.
23 Sec. 72a. Whenever AFTER the board of determination finds
24 by majority vote of the whole number of members APPOINTED that
25 the drain is or is not necessary, any A person OR MUNICIPALITY
26 feeling aggrieved by the determination may institute an action in
27 the circuit court for the county in which the real property
02102'97
41
1 DRAINAGE DISTRICT is located for a REVIEW OF THE determination.
2 of necessity. The action shall be filed by the person OR
3 MUNICIPALITY aggrieved within 10 days after the determination of
4 necessity or no necessity. by the board of determination. THE
5 PURPOSE OF THE CIRCUIT COURT REVIEW IS TO DETERMINE WHETHER THE
6 DECISION OF THE BOARD OF DETERMINATION WAS AUTHORIZED BY LAW AND
7 SUPPORTED BY SUBSTANTIAL, MATERIAL, AND COMPETENT EVIDENCE ON THE
8 WHOLE RECORD. THE REVIEW SHALL BE MADE ON THE RECORD PRESENTED
9 TO THE BOARD OF DETERMINATION AND NO ADDITIONAL TESTIMONY OR EVI-
10 DENCE SHALL BE OFFERED EXCEPT FOR PURPOSES OF CLAIM OF FRAUD OR
11 ERROR OF LAW.
12 Sec. 73. (1) The commissioner shall secure from a profes-
13 sional engineer, plans, specifications and an estimate of cost of
14 the proposed drain and descriptions of the lands or rights of way
15 needed for the proposed drain THE SERVICE OF AN ENGINEER. THE
16 ENGINEER SHALL BE SELECTED BASED ON HIS OR HER QUALIFICATIONS.
17 THE ENGINEER SHALL PREPARE PLANS, SPECIFICATIONS, AND AN ESTIMATE
18 OF COSTS OF THE PROPOSED DRAIN. THE COMMISSIONER SHALL SECURE
19 FROM AN ENGINEER OR SURVEYOR A DESCRIPTION OF THE LANDS OR RIGHTS
20 OF WAY NEEDED FOR THE PROPOSED DRAIN. In approving the route of
21 the drain as furnished by the engineers ENGINEER, the commis-
22 sioner shall not be IS NOT limited to that described in the
23 petition or in the first order of determination, if the new route
24 is more efficient and serviceable. The commissioner shall
25 endeavor to secure from the owners of each parcel or tract of
26 land to be traversed or damaged by the proposed drain or drains
02102'97
42
1 an easement or release of right of way and all damages on account
2 thereof.
3 (2) FOR ALL DRAINS LOCATED, ESTABLISHED, AND CONSTRUCTED
4 UNDER THIS CHAPTER, AFTER THE EFFECTIVE DATE OF THE AMENDATORY
5 ACT THAT ADDED THIS SUBSECTION, THE DRAIN COMMISSIONER SHALL
6 OBTAIN ANY PERMITS REQUIRED UNDER THE NATURAL RESOURCES AND ENVI-
7 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.101 TO 324.90106,
8 AND SHALL EVALUATE NATURAL RESOURCE IMPACTS OF THE PROPOSED DRAIN
9 AND IDENTIFY MEASURES TO MINIMIZE ADVERSE IMPACTS, PRIOR TO THE
10 CONSTRUCTION OF THE PROJECT. ALL COSTS ASSOCIATED WITH EVALUAT-
11 ING NATURAL RESOURCE IMPACTS AND IMPLEMENTING THE MEASURES TO
12 MINIMIZE THOSE IMPACTS SHALL BE THE RESPONSIBILITY OF THE DRAIN-
13 AGE DISTRICT. MEASURES THAT ARE INTENDED TO IMPROVE OR ENHANCE
14 NATURAL RESOURCES VALUES MAY BE INCLUDED AS PART OF THE DRAINAGE
15 PROJECT. THE DETERMINATION TO INCLUDE SUCH MEASURES IS WITHIN
16 THE DISCRETION OF THE DRAIN COMMISSIONER. THE FUNDING FOR THE
17 COSTS OF SUCH MEASURES MAY INCLUDE GIFTS, DONATIONS, GRANTS, AND
18 CONTRACTS PURSUANT TO SECTION 431, SPECIAL ASSESSMENTS OR ANY
19 COMBINATION THEREOF AS CONSIDERED APPROPRIATE BY THE DRAIN
20 COMMISSIONER.
21 (3) IF, AFTER THE RECIPIENT OF THE PLANS, SPECIFICATION,
22 ESTIMATE OF COST, AND DESCRIPTIONS OF THE LANDS OR RIGHTS OF WAY
23 NEEDED FOR THE PROPOSED DRAIN, THE COMMISSIONER DETERMINES THAT
24 THE PROJECT IS NOT PRACTICAL, THE COMMISSIONER SHALL NOTIFY THE
25 LANDOWNERS AND MUNICIPALITIES IN THE DISTRICT BY FIRST-CLASS MAIL
26 OF THE INTENT TO ABANDON THE PETITION. THE NOTICE SHALL SPECIFY
27 THE REASONS FOR THE PROPOSED ABANDONMENT. THE NOTICE SHALL ALSO
02102'97
43
1 SPECIFY A TIME, DATE, AND PLACE FOR A PUBLIC HEARING TO HEAR
2 OBJECTIONS TO THE ABANDONMENT OF THE PETITION. AT THE PUBLIC
3 HEARING, THE COMMISSIONER SHALL ELICIT TESTIMONY AND EVIDENCE
4 WITH REGARDS TO THE PROPOSED ABANDONMENT. FOLLOWING THE RECEIPT
5 OF TESTIMONY, THE DRAIN COMMISSIONER SHALL DETERMINE WHETHER OR
6 NOT THE PETITION SHOULD BE ABANDONED. IF THE ABANDONMENT IS
7 DETERMINED TO BE PRACTICAL, THE COMMISSIONER SHALL ENTER AN ORDER
8 OF ABANDONMENT AND APPORTION ALL COSTS INCURRED TO THE DISTRICT
9 AS IF THE PROJECT HAD BEEN BUILT AND THE COSTS WILL BE SUBSE-
10 QUENTLY ASSESSED AND PAID AS PROVIDED IN CHAPTER 7. A DETERMINA-
11 TION TO ABANDON DOES NOT LIMIT THE RIGHT TO FILE ANOTHER
12 PETITION.
13 Sec. 74. THE COMMISSIONER SHALL ATTEMPT TO SECURE FROM THE
14 OWNERS OF EACH PARCEL OR TRACT OF LAND TO BE TRAVERSED BY THE
15 PROPOSED DRAIN OR DRAINS AN EASEMENT OR RELEASE OF RIGHT OF WAY
16 OR SIMILAR INTEREST TO ACCOMPLISH THE PROJECT AS OUTLINED IN THE
17 PLANS AND ALL DAMAGES ON ACCOUNT THEREOF. Commissioners A
18 COMMISSIONER may take acknowledgments of releases of right of way
19 and administer oaths in all proceedings in any way ANY
20 PROCEEDING pertaining to drains under this act. A simple form
21 of A DRAIN. A release of right of way and damages that shall
22 set forth by reference to the survey of the drain, or by other
23 convenient description, the particular SHALL DESCRIBE THE land
24 to be conveyed and SHALL BE signed and acknowledged by the person
25 having the right to convey. , shall be deemed a sufficient con-
26 veyance under the provisions of SUCH A CONVEYANCE IS SUFFICIENT
27 UNDER this act. All releases for rights of way shall be deemed
02102'97
44
1 CONSIDERED to include sufficient ground on each side of the
2 center line of such THE drain for the deposit of the excava-
3 tions therefrom. It shall not be IF THE LANDOWNER IS A MARRIED
4 MAN OR WOMAN, IT IS NOT necessary for the HUSBAND OR wife to sign
5 the release of right of way unless HE OR she has an interest in
6 the land other than her AN inchoate right of dower. Whenever
7 IF a portion of a drain shall be IS located within any A
8 street, highway, or public place, then a resolution adopted by a
9 majority vote of the governing body having jurisdiction over
10 such THE street, highway, or public place granting leave to
11 construct such THE drain therein, designating the place to be
12 traversed by said THE drain, shall be IS a sufficient release
13 of the right of way, and shall be deemed a sufficient
14 conveyance under this act. , and said THE governing body may
15 permit the construction of an open drain if such THE consent
16 be IS set forth in such THE resolution.
17 Sec. 75. If all persons whose lands would be traversed or
18 damaged by the proposed drain or drains shall not have executed a
19 release of the right of way, and all damages on account thereof,
20 within 60 days after the entry of the first order of determina-
21 tion, the commissioner shall, as soon as practicable, make appli-
22 cation to the probate court of the county in which such lands are
23 situated, for the appointment of 3 special commissioners, who
24 shall be disinterested resident freeholders of the county, but
25 not of the township or townships affected by such drain, to
26 determine the necessity for the taking of private property for
27 the use and benefit of the public, and the just compensation to
02102'97
45
1 be made therefor. Such application shall be in writing, and
2 shall set forth:
3 First, The fact that a petition for a drain was made and
4 when, filing with said court a certified copy of such petition,
5 also giving the route, survey and specifications of said drain as
6 set forth in the first order of determination;
7 Second, That an order determining the necessity for such
8 drain was made by the commissioner or drainage board, giving the
9 time when such order was made, in accordance with such route,
10 survey and specification, as above set forth;
11 Third, (1) The several descriptions or tracts of land with
12 the names of the owner or owners of every such tract who have
13 refused or neglected to execute a release of right of way and
14 damages in any way arising or incident to the opening or main-
15 taining the said proposed drain (2) the several descriptions or
16 tracts of land owned by any minor, incompetent person, unknown
17 persons or nonresidents of the township or townships, the execu-
18 tion of a release of right of way and damages for which have been
19 neglected or refused; (3) it shall not be necessary to set forth
20 in said application to the probate court the names of the several
21 owners nor the description of the several tracts or parcels of
22 land liable to an assessment for benefits, in case the drain
23 applied for should be located and established, except those who
24 have not released the right of way and through whose lands the
25 drain passes; nor shall the same be included in the citation
26 issued from the probate court. TO OBTAIN AN EASEMENT, RELEASE,
27 OR RIGHT OF WAY OR THE REQUIRED INTEREST IN THE PROPERTY, THE
02102'97
46
1 DRAIN COMMISSIONER IS GRANTED THE POWER OF EMINENT DOMAIN AND MAY
2 COMMENCE CONDEMNATION PROCEEDINGS UNDER THE UNIFORM CONDEMNATION
3 AND PROCEDURES ACT, 1980 PA 87, MCL 213.51 TO 213.77.
4 Sec. 76. The court to whom such application is made shall
5 make an examination at the time of such application of all the
6 proceedings of the commissioner so far as had, and if such pro-
7 ceedings be found to be in accordance with the statute, such
8 court shall at once appoint a time and place of hearing upon the
9 application, which time shall be fixed not less than 15 nor more
10 than 40 days thereafter, and the court shall issue a citation to
11 all persons whose lands are traversed by such drain, who have not
12 released the right of way, and all damages on account thereof, to
13 appear at the time and place designated in said citation, and be
14 heard with respect to such application, if they so desire, and
15 show cause, if any there be, why said application should not be
16 granted, and any error or errors that may have been made in any
17 of the proceedings thus far had shall be raised and taken advan-
18 tage of at such time and before such court, and if not so raised
19 and taken advantage of at such time and before such court shall
20 be deemed to have been waived by all persons cited to appear
21 under this notice. If any person on whom such service is to be
22 made is a minor, under the age of 14 years, or an incompetent
23 person, and resides in this state, such service shall be made as
24 herein provided on his guardian, or if none, then on the person
25 who may for such purpose be appointed special guardian and also
26 on the person who has the care of, or with whom such minor or
27 incompetent person resides. In case any person whose lands are
02102'97
47
1 traversed by said drain is a minor or an incompetent person and
2 has no guardian, the said court or the judge of said court shall
3 appoint a special guardian, to appear for and attend to the
4 interests of such minor or incompetent person, and all notices to
5 be served in the progress of the proceedings shall be served on
6 such special guardian. THE OWNER OF ANY LAND OVER, THROUGH, OR
7 ACROSS WHICH A DISTRICT HAS ACQUIRED A RIGHT OF WAY FOR THE CON-
8 STRUCTION AND MAINTENANCE OF AN OPEN OR COVERED DRAIN BY GRANT,
9 DEDICATION, CONDEMNATION, OR OTHERWISE SHALL NOT USE THE LAND
10 OCCUPIED BY THE RIGHT OF WAY IN ANY MANNER INCONSISTENT WITH THE
11 EASEMENT OF THE DISTRICT. A USE OF THE RIGHT OF WAY THAT WILL
12 INTERFERE WITH THE OPERATION OF THE DRAIN OR WILL INCREASE THE
13 COST TO THE DISTRICT OF PERFORMING ANY OF ITS WORK THEREON IS
14 INCONSISTENT WITH THE DISTRICT'S EASEMENT. A LANDOWNER WHO VIO-
15 LATES THIS SUBSECTION IS SUBJECT TO SECTION 421.
16 Sec. 77. The citation shall recite so much of the premises
17 as will show jurisdiction, giving a description of the land
18 traversed by such drain, and in the case of resident owners who
19 reside upon the premises traversed by said drain shall be
20 addressed to such owners by name; in the case of nonresident
21 owner or owners not residing upon the land traversed, it shall be
22 addressed to the nonresident owner or owners, but it shall not be
23 necessary to name such owner or owners. It shall describe the
24 drain by its commencement, terminus and general course, and shall
25 set forth that land owned by the persons to whom it is addressed
26 will be crossed by such drain and may be subject to assessment
27 for its construction, and that a description and survey of such
02102'97
48
1 drain is on file with the court issuing such citation and
2 describe the land to be taken. A CERTIFICATE, REPORT, OR DETER-
3 MINATION AUTHORIZED OR REQUIRED BY THIS CHAPTER, OR THE RECORD
4 THEREOF, OR A CERTIFIED COPY OF ANY SUCH CERTIFICATE, REPORT, OR
5 DETERMINATION OR RECORD, IS PRIMA FACIE EVIDENCE OF THE FACTS
6 RECITED THEREIN, OF THE TITLE TO THE PROPERTY DESCRIBED OR
7 REFERRED TO, AND OF THE RIGHT OF THE DRAINAGE BOARD OR COMMIS-
8 SIONER TO TAKE THE PROPERTY FOR DRAIN PURPOSES.
9 Sec. 101. Before any action is taken on any A COMMIS-
10 SIONER SHALL NOT ACT ON A petition to locate, establish, and OR
11 construct any A drain , which proposed drain THAT will
12 traverse lands in more than 1 county, or affect more than 1
13 county, there shall first be filed with the commissioner having
14 jurisdiction of any such lands UNLESS an application to lay out
15 and designate a drainage district with reference to a proposed
16 drain therein; such application shall AND tentatively describe
17 DESCRIBING the location and route of such THE proposed drain IS
18 FILED WITH A COMMISSIONER IN 1 OF THE COUNTIES. The application
19 shall be signed by a number of freeholders in said drainage dis-
20 trict whose lands would be liable to an assessment for benefits,
21 equal to 50% of any of the freeholders whose lands would be
22 traversed by the drain or drains applied for or abut on any high-
23 way or street along the side of which such drain extends, between
24 a point where such drain enters such highway and the point where
25 it leaves such highway and which lands are within the drainage
26 district 5 LANDOWNERS IN THE INTERCOUNTY DRAINAGE DISTRICT WHOSE
27 LANDS WOULD BE LIABLE TO ASSESSMENT FOR BENEFITS OR AT LEAST 50%
02102'97
49
1 OF THE LANDOWNERS IF THERE ARE LESS THAN 5 LANDOWNERS WHOSE LANDS
2 WOULD BE LIABLE FOR ASSESSMENT OR MAY BE SIGNED BY LANDOWNERS
3 REPRESENTING 25% OF THE LAND AREA LIABLE TO ASSESSMENT. The eli-
4 gibility of the signers to such THE application shall be deter-
5 mined by THE DRAIN COMMISSIONER ACCORDING TO their interest of
6 record in the office of the register of deeds, in the probate
7 court, or in the circuit court of the county in which such THE
8 lands are situated at the time such petition WHEN THE
9 APPLICATION is filed. THE DRAIN COMMISSIONER MAY REQUIRE A CASH
10 DEPOSIT, SUFFICIENT TO COVER THE PRELIMINARY COSTS TO ESTABLISH
11 THE DISTRICT, TO ACCOMPANY THE APPLICATION AND MAY REFUSE TO
12 ACCEPT THE APPLICATION WITHOUT A CASH DEPOSIT. IF THE DRAIN IS
13 COMPLETED, THE COST ADVANCED SHALL BE RETURNED TO THE DEPOSITOR
14 OR HIS OR HER PERSONAL REPRESENTATIVE OUT OF THE FIRST TAX COL-
15 LECTIONS ON THE DRAIN. IF THE DRAIN IS NOT COMPLETED, ANY EXCESS
16 ABOVE COSTS SHALL BE SO RETURNED. INSTEAD OF BEING SIGNED BY
17 LANDOWNERS, AN APPLICATION MAY BE SIGNED SOLELY BY A MUNICIPALITY
18 IF AUTHORIZED BY ITS GOVERNING BODY, IF THE PROPOSED DRAIN IS
19 NECESSARY FOR THE PUBLIC HEALTH OF SUCH MUNICIPALITY, AND IF THE
20 MUNICIPALITY WILL BE LIABLE FOR AN ASSESSMENT AT LARGE AGAINST IT
21 FOR A PERCENTAGE OF THE COST OF THE PROPOSED DRAIN. THE ENTRY OF
22 AN ORDER DESIGNATING A DRAINAGE DISTRICT UNDER SECTION 105 SHALL
23 BE CONSIDERED A DETERMINATION OF THE SUFFICIENCY OF THE
24 APPLICATION.
25 Sec. 102. Upon filing of such application NOT MORE THAN
26 20 DAYS AFTER AN APPLICATION IS FILED, the commissioner shall
27 within 20 days send a copy of such THE application by
02102'97
50
1 registered FIRST-CLASS mail to the state director of THE
2 DEPARTMENT OF agriculture and also to the drain commissioner of
3 each county in which lie lands liable for assessment for benefits
4 for the construction of such proposed drain. The drain commis-
5 sioners of such counties and the director of THE DEPARTMENT OF
6 agriculture or any deputy PERSON designated by him THE
7 DIRECTOR shall be and constitute the drainage board. The
8 state director of THE DEPARTMENT OF agriculture shall call a
9 meeting of such THE drainage board , which meeting shall TO
10 be held not less than 15 and not more than 60 days from AFTER
11 the receipt of such notice. Such THE meeting shall be held in
12 the immediate locality of the proposed drainage district AT A
13 PUBLIC BUILDING WITHIN THE CITY, VILLAGE, OR TOWNSHIP IN WHICH
14 THE PROPOSED DISTRICT IS LOCATED. Notices of such NOTICE OF
15 THE meeting shall be posted in 5 public places SERVED ON THE
16 COUNTY CLERK OF EACH COUNTY AND THE CLERK OF EACH MUNICIPALITY
17 within the proposed drainage district within each county, and
18 served on the county clerk of each county and the supervisor of
19 each township within the proposed drainage district personally
20 or by registered FIRST-CLASS mail at least 10 days before such
21 public meeting. A notice of such THE meeting shall be pub-
22 lished in each county affected once a week for 2 consecutive
23 weeks 1 TIME before such THE meeting in a newspaper OR
24 NEWSPAPERS of general circulation in such county, if there is
25 one, the first publication to be THE PROPOSED DISTRICT, at least
26 10 days before the meeting.
02102'97
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1 Sec. 103. Upon convening said meeting, the state director
2 of THE DEPARTMENT OF agriculture or any deputy selected by him
3 THE DIRECTOR shall act as chairman CHAIRPERSON. The said
4 drainage board shall consider such THE application, and deter-
5 mine the sufficiency of the signatures thereto, and shall go
6 over REVIEW the route of said proposed drain and take testimony
7 to determine its practicability. All persons owning lands liable
8 to assessment for benefits or whose lands shall be crossed by
9 said THE drain or any municipality affected may appear for or
10 against said drain proceedings. If at said THE meeting or at
11 any subsequent time before the entry of the order designating a
12 drainage district, they shall determine THE DRAINAGE BOARD
13 DETERMINES that the drainage of the proposed drain area is not
14 practical, no further THE DRAINAGE BOARD SHALL IN WRITING
15 NOTIFY THE PERSONS WHO DELIVERED THE APPLICATION OF THE FACT AND
16 THE REASON FOR MAKING THIS DETERMINATION. FURTHER action shall
17 NOT be taken thereon within ON THE DRAIN FOR 1 year. If said
18 THE proposed drain is determined to be practical, then the drain-
19 age board shall cause a survey thereof to be made by a competent
20 surveyor or engineer to ascertain the area which THAT would be
21 drained by the proposed drain, and the route and type of con-
22 struction of drain or drains most serviceable for that purpose.
23 Sec. 104. (1) The surveyor or engineer authorized to
24 make the survey shall ascertain the size and depth of the drains
25 , and shall preserve all minutes with reference thereto. He
26 THE ENGINEER shall prepare PRELIMINARY plans, drawings, and
27 profiles thereof, together with a computation of the yards of
02102'97
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1 earth to be excavated, and where practicable the leveling of the
2 spoil banks or the amount of tile or pipe to be used and the nec-
3 essary bridges and culverts or fords DESCRIPTION OF THE NATURE
4 AND TYPE OF CONSTRUCTION, INCLUDING THE NECESSARY CROSSINGS,
5 STRUCTURES, AND FACILITIES to be built in constructing the pro-
6 posed drains DRAIN, and his AN estimate of the cost of
7 such construction. He THE ENGINEER IS NOT LIMITED TO THE
8 ROUTE DESCRIBED IN THE APPLICATION BUT MAY RECOMMEND A ROUTE AND
9 TYPE OF CONSTRUCTION FOR THE DRAIN OR DRAINS CONSIDERED MOST
10 SERVICEABLE FOR DRAINING THE AREA INVOLVED. THE ENGINEER OR
11 SURVEYOR shall thereupon lay out a proposed drainage district,
12 which district may be described by its boundaries of streets and
13 highways or BY A DESCRIPTION OF tracts or parcels of land or by
14 a description of all tracts or parcels of land, including therein
15 all highways, townships, counties, cities and villages which
16 would be benefited by the construction of the proposed drain, all
17 of which he shall deliver to the drainage board. The surveyor or
18 engineer shall not be limited to the route described in the
19 application, but may recommend a route and type of construction
20 for the drains he considers most serviceable for draining the
21 area involved. IDENTIFIED BY LEGAL DESCRIPTION OR TAX CODE
22 PARCEL NUMBER WHICH WILL BE BENEFITED BY THE CONSTRUCTION OF THE
23 PROPOSED DRAIN, AND WHICH WILL BE LIABLE TO AN ASSESSMENT THERE-
24 FOR, IF THE DRAIN IS CONSTRUCTED. THE COMMISSIONERS SHALL OBTAIN
25 FROM THE COUNTY TREASURERS A STATEMENT SHOWING AS NEAR AS MAY BE
26 THE AMOUNT OF TAXES AND SPECIAL ASSESSMENTS LEVIED AGAINST THE
27 LANDS IN THE PROPOSED DRAINAGE DISTRICT ON THE TAX ROLLS FOR THE
02102'97
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1 3 YEARS NEXT PRECEDING, AND THE AMOUNT OF TAXES AND ASSESSMENTS
2 REMAINING UNPAID, AND IF IT APPEARS FROM THE STATEMENT THAT
3 33-1/3% OR MORE OF THE LANDS IN THE PROPOSED DRAINAGE DISTRICT
4 HAVE BEEN RETURNED AS TAX DELINQUENT AND STILL REMAIN DELINQUENT,
5 THE DRAINAGE BOARD SHALL NOT TAKE FURTHER ACTION.
6 (2) THE ENGINEER OR OTHER QUALIFIED PROFESSIONAL, AT THE
7 DIRECTION OF THE DRAINAGE BOARD, MAY ALSO EVALUATE THE EFFECTS OF
8 THE PROPOSED PROJECT ON NATURAL RESOURCES AND RECOMMEND APPROPRI-
9 ATE PRACTICAL MEASURES TO MINIMIZE ADVERSE EFFECTS.
10 Sec. 105. (1) The chairman CHAIRPERSON of the drainage
11 board shall thereupon prepare an order designating a drainage
12 district. , giving it THE ORDER SHALL DO ALL OF THE FOLLOWING:
13 (A) GIVE THE DRAINAGE DISTRICT a name or number. and
14 describe therein
15 (B) DESCRIBE the drainage district by its boundaries of
16 streets and highways or tracts or parcels of land or by a
17 description OR THE TAX PARCEL NUMBERS of all tracts or parcels of
18 land. included therein and
19 (C) DESIGNATE the counties, townships, cities, villages, and
20 state trunk line highways including therein AND all highways
21 , UNDER THE JURISDICTION AND CONTROL OF THE townships, coun-
22 ties, cities, and villages , which THAT would be benefited by
23 the construction of such THE drain and would be liable to an
24 assessment therefor. ; also a description of
25 (D) SPECIFY THE PERCENTAGES OF THE COST OF LAYING OUT THE
26 DISTRICT AND COST OF CONSTRUCTION THAT EACH COUNTY WILL BEAR.
02102'97
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1 (E) DESCRIBE the drain according to the plans and
2 specifications prepared by the surveyor or OF THE engineer and
3 determined by the drainage board, showing the beginning, route,
4 terminus, type of construction, and the estimated cost of the
5 construction.
6 (2) Notice of filing of the order shall be given by the
7 state THE director of THE DEPARTMENT OF agriculture by publish-
8 ing a notice SHALL PUBLISH A NOTICE OF THE ORDER in a newspaper
9 OF GENERAL CIRCULATION in each county affected, once in each
10 week for 2 successive weeks, which THE DISTRICT. THE notice
11 shall give a general description of the route of the PROPOSED
12 drain OR DRAINS and of the drainage district as shown by the
13 order. A NOT MORE THAN 10 DAYS AFTER THE ORDER IS PREPARED,
14 THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE SHALL FILE A copy
15 of the order shall within 10 days be filed by the state director
16 of agriculture in the office of the county drain commissioner of
17 each county in which lie lands included in the district.
18 (3) IF THE COMMISSIONERS OF THE COUNTIES AFFECTED CANNOT
19 AGREE AS TO THE APPORTIONMENT OF COSTS FOR LAYING OUT A DRAINAGE
20 DISTRICT, THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE OR ANY
21 DEPUTY APPOINTED SHALL APPORTION THE COSTS AND THE COUNTIES
22 AFFECTED SHALL PAY THE COSTS AS PROVIDED IN SECTION 302.
23 (4) At any time after AFTER the order designating an
24 intercounty drainage district, giving it a name or number, has
25 been IS filed in the offices of the county drain commissioners
26 of the counties within the district, the order may be amended as
27 to the name or number of the drain OR FOR THE ADDITION OR
02102'97
55
1 DELETION OF LANDS IN THE DISTRICT by a written request of a drain
2 commissioner of 1 of the counties traversed by the drain ,
3 which THE request shall state the then present name or number
4 of the drain and the change to be made in the name or number OF
5 THE DRAIN OR THE ADDITION OR DELETION OF LANDS. Upon filing of
6 the request, the drain commissioner shall mail a copy of the
7 request , to the state director of THE DEPARTMENT OF agricul-
8 ture and also to the drain commissioner of each county in which
9 lie lands liable for assessments for the drain. The state
10 director of THE DEPARTMENT OF agriculture shall call a meeting of
11 the drainage board and if, in the opinion of the drainage board,
12 it is found advisable to change the name or number of the drain
13 OR THE LANDS, they THE DRAINAGE BOARD shall file an order des-
14 ignating such change. The drainage board shall also designate
15 the number of signs to be posted upon the drain as they may deem
16 advisable for public notice of the new name or number. LANDS MAY
17 ALSO BE ADDED TO OR DELETED FROM THE DISTRICT UPON CERTIFICATION
18 BY AN ENGINEER OR SURVEYOR. THE ORDER AMENDING THE DISTRICT BY
19 ADDING OR DELETING LANDS SHALL DESCRIBE THE AMENDED DISTRICT.
20 Copies of the order changing the name or number of the drain OR
21 ADDING OR DELETING LANDS shall be filed with the drain commis-
22 sioner and the county treasurer of each county liable for
23 assessments. of such drain THEREAFTER, THE DISTRICT SHALL BE
24 KNOWN BY SUCH NAME OR NUMBER AND THE BOUNDARY SHALL BE AS SET
25 FORTH IN THE AMENDED ORDER. If the commissioners of the coun-
26 ties affected cannot agree as to the apportionment of costs for
27 laying out a drainage district, the director of agriculture or
02102'97
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1 any deputy appointed by him shall apportion the costs and the
2 counties affected shall pay the same as provided in section 302
3 of this act.
4 Sec. 106. (1) If the drain commissioner of a county
5 involved considers the apportionment between the counties to be
6 unfair, the commissioner shall have the right to MAY have the
7 apportionment reviewed by an arbitration A board OF REVIEW to
8 be composed of drain commissioners from unaffected counties in
9 this state. Within 20 days after the order of apportionment pro-
10 vided in section 105, the commissioner shall file with the
11 department of agriculture a claim for review by arbitration in
12 which the commissioner shall state briefly in what respect he or
13 she considers the apportionment unfair and request, over the
14 commissioner's official signature, a review by arbitration. The
15 commissioner shall nominate a disinterested drain commissioner as
16 his or her choice for the arbitration board OF REVIEW. Upon
17 NOT MORE THAN 10 DAYS AFTER receipt of the claim for review by
18 arbitration, the director of the department of agriculture or the
19 director's deputy shall forward to each county drain commissioner
20 involved, except the claimant, within 10 days, a copy of the
21 claim for review by arbitration. The commissioners EACH COM-
22 MISSIONER SHALL SELECT A DISINTERESTED DRAIN COMMISSIONER AND,
23 within 10 days, shall notify the department of agriculture of
24 their HIS OR HER selection to the arbitration board OF
25 REVIEW. The director of the department of agriculture, at the
26 earliest date , consistent with Act No. 267 of the Public Acts
27 of 1976 THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO
02102'97
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1 15.275, but not later than 30 days after the notice, shall notify
2 the chosen drain commissioners of a date and time they shall meet
3 in the commissioner's DIRECTOR'S office in Lansing. At the
4 meeting, they shall select 1 or 2 more unaffected drain commis-
5 sioners in the state to complete the board of review. Only 1
6 shall be selected if the board members selected by the drain com-
7 missioners affected constitute an even number and 2 shall be
8 selected if the board members selected by the drain commissioners
9 affected constitute an odd number.
10 (2) Upon selection of the final members of the board of
11 review, those members present shall set a date, time, and place
12 in an affected county for a first full meeting of the board of
13 review. Notice of the meeting shall be posted in 5 public
14 places in each county affected and be served personally or by
15 registered FIRST-CLASS mail at least 10 days before the meeting
16 on the county clerk of the EACH AFFECTED county and the
17 supervisor CLERK of a EACH township in each county traversed
18 by the drain. A EACH AFFECTED COUNTY. THE BOARD OF REVIEW
19 SHALL PUBLISH A notice of the meeting shall be published once a
20 week for 2 consecutive weeks before the meeting in a newspaper
21 published and of general circulation in the counties affected.
22 The first publication is to SHALL be at least 10 days before
23 the meeting. The director of the department of agriculture shall
24 notify the 1 or 2 drain commissioners selected of their appoint-
25 ment and of the date, time, and place of the next meeting of the
26 full board. The board of arbitration shall convene at the time,
27 date, and place specified, elect a chairperson and secretary, and
02102'97
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1 review the fairness of the apportionment between the counties.
2 The board may adjourn until their THE review is completed. The
3 findings shall be made and signed by all the members attesting
4 the determination of the majority of the board, and the determi-
5 nation by the majority of the board shall be IS final and con-
6 clusive as to the fairness of the apportionment. COMMISSIONERS
7 SO APPOINTED SHALL BE COMPENSATED IN THE SAME AMOUNT AND MANNER
8 AS MEMBERS OF THE COUNTY BOARD OF COMMISSIONERS IN THEIR RESPEC-
9 TIVE COUNTIES. OTHER COSTS OF THE BOARD OF REVIEW SHALL BE BORNE
10 BY THE DISTRICT.
11 Sec. 121. (1) After an intercounty drainage district has
12 been IS established and the order therefor DESIGNATING THE
13 DISTRICT IS filed, as hereinbefore provided, a petition to
14 locate, establish, and OR construct a drain may be filed with
15 any commissioner having jurisdiction of any of the lands desig-
16 nated in such THE order as constituting the drainage district.
17 Such THE petition shall ask for the location, establishment,
18 and OR construction of the drain or drains, or any part there-
19 of, as described in said THE order.
20 (2) The petition shall be signed by a number of freeholders
21 in said drainage district, whose lands would be liable to an
22 assessment for benefits, equal to 1/2 of the number of freehold-
23 ers whose lands would be traversed by the drain or drains applied
24 for, or abut on the part of any highway or street along the side
25 of which such drain extends, between the point where such drain
26 enters such highway and the point where it leaves such highway
27 and which lands are within the drainage district. Such 5
02102'97
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1 LANDOWNERS IN THE DRAINAGE DISTRICT WHOSE LANDS WOULD BE LIABLE
2 TO ASSESSMENT FOR BENEFITS OR AT LEAST 50% OF THE LANDOWNERS IF
3 THERE ARE LESS THAN 5 LANDOWNERS WHOSE LANDS WOULD BE LIABLE FOR
4 ASSESSMENT OR MAY BE SIGNED BY LANDOWNERS REPRESENTING 25% OF THE
5 LAND AREA LIABLE TO ASSESSMENT. THE petition shall be accom-
6 panied by a description OR TAX PARCEL CODE of the land in said
7 THE district owned by each signer and by a certificate of the
8 county treasurer as to payment of taxes and special assessments
9 against such THE lands. ; such THE certificate shall be in
10 substantially the following form:
11 I hereby certify that there are no taxes or special assess-
12 ments unpaid against any of the lands described in the annexed
13 list according to the records of the county treasurer's office
14 for the past 3 years, except as follows:
15
16 Description Year Tax or assessment Amount
17 ................. ............ ..................... ............
18 (3) The name of any signer as to whose land such THE cer-
19 tificate shows taxes or special assessments unpaid for 3 years
20 shall not be counted. The eligibility of the PETITION signers
21 to such petition shall be determined by their interest of
22 record in the office of the register of deeds, in the probate
23 court, or IN the circuit court of the counties in which such
24 lands are situated at the time such WHEN THE petition is
25 filed. In determining the number of owners whose lands are
26 traversed by such drain, or abut thereon as hereinbefore
02102'97
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1 prescribed, the drain commissioner shall investigate the records
2 of the register of deeds, of the probate court and of the circuit
3 court of the county, and shall make diligent inquiry in the com-
4 munity, including inquiry of anyone in possession of all of such
5 lands so traversed or so abutting, as to the ownership thereof.
6 In lieu of a petition signed by freeholders, the petition may be
7 signed solely by a city, village or township in each county
8 involved, when duly authorized by its governing body, or by any
9 combination of such municipalities, if each petitioning
10 municipality IF AUTHORIZED BY THEIR RESPECTIVE GOVERNING BODIES,
11 THE PETITION MAY INSTEAD BE SIGNED BY 1 OR MORE MUNICIPALITIES
12 THAT will be liable to assessment at large for public health for
13 any ALL OR part of the cost of the proposed drain. In the
14 event of a municipally signed petition, then the foregoing provi-
15 sions of this section, other than the first 2 sentences and these
16 last 2 sentences thereof, shall not be applicable.
17 Sec. 122. (1) Upon filing of a petition to locate, estab-
18 lish, and construct an intercounty drain the commissioner receiv-
19 ing the petition, within 20 days, shall notify by registered mail
20 the drain commissioners interested and the director of the
21 department of agriculture, who shall call a meeting within the
22 time set forth in section 102. The commissioners and the direc-
23 tor of the department of agriculture, or the director's deputy,
24 who constitute the drainage board shall jointly take all steps
25 and perform all acts and sign all papers as commissioners are
26 required to do singly in the case of other COUNTY drains,
27 except as otherwise provided in this act. At a meeting of the
02102'97
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1 board, the director of the department of agriculture, or the
2 director's deputy, shall not vote, except that the director or
3 the director's deputy may cast the deciding vote in case of a
4 tie. Notice shall be given of the time and place of the meeting
5 by publication in a newspaper of general circulation in the
6 county at least 10 days before the meeting. Notices shall also
7 be served personally or by registered mail at least 10 days
8 before the meeting on the county clerk and on the clerk of each
9 township, city, and village in the district. The drain commis-
10 sioner also shall send notice by first class mail of the time,
11 date, and place of the meeting, not less than 10 days before the
12 date of the meeting, to each person whose name appears upon the
13 last city or township tax assessment roll as owning land liable
14 to assessment for benefits, at the address shown on the roll. If
15 an address does not appear on the roll, a notice need not be
16 mailed to the person. The drain commissioner shall make an affi-
17 davit of the mailing and shall recite in the affidavit that the
18 persons to whom the notice was mailed constitute all of the per-
19 sons whose names and addresses appear upon the tax rolls as
20 owning land liable to assessment for benefits. The affidavit
21 shall be conclusive proof that notice was mailed to each person
22 to whom notice is required to be mailed by this section. The
23 failure to receive a notice by mail shall not constitute a juris-
24 dictional defect invalidating a drain proceeding or tax, or both,
25 if notice has been sent by first class mail as provided in this
26 section.
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1 (2) UPON FILING OF A PETITION TO LOCATE, ESTABLISH, AND
2 CONSTRUCT AN INTERCOUNTY DRAIN, THE COMMISSIONER RECEIVING THE
3 PETITION, WITHIN 20 DAYS, SHALL NOTIFY BY FIRST-CLASS MAIL THE
4 DRAIN COMMISSIONERS INTERESTED AND THE DIRECTOR OF THE DEPARTMENT
5 OF AGRICULTURE, WHO SHALL CALL A MEETING IN THE MANNER PROVIDED
6 IN SECTIONS 102 AND 103. All expense of notification shall be
7 paid by the drainage district. when created. The board shall
8 consider the petition and evidence offered, and if it is deter-
9 mined that the drain is necessary for the good of the public
10 health, convenience, or welfare, it shall proceed to determine
11 the percentage
12 (3) IF THE DRAINAGE BOARD CONSIDERS THE DRAIN TO BE PRACTI-
13 CAL, AFTER RECEIPT OF THE REPORT OF THE ENGINEER, THE DRAINAGE
14 BOARD SHALL CONVENE TO CONSIDER THE PETITION AND EVIDENCE OFFERED
15 AND DETERMINE IF THE DRAIN IS NECESSARY AND CONDUCIVE TO THE
16 PUBLIC HEALTH, CONVENIENCE, OR WELFARE. ALL EXPENSE OF NOTIFICA-
17 TION SHALL BE PAID BY THE DISTRICT. NOTICE SHALL BE GIVEN PURSU-
18 ANT TO SECTION 8. THE DRAINAGE BOARD SHALL BE THE BOARD OF
19 DETERMINATION AND SHALL DETERMINE THE QUESTION OF NECESSITY FOR
20 DRAINS LOCATED, ESTABLISHED, AND CONSTRUCTED UNDER THIS CHAPTER.
21 THE DETERMINATION OF THE DRAINAGE BOARD IS SOLELY FOR THE NECES-
22 SITY OF THE DRAIN. THE SCOPE OF THE PROJECT IS WITHIN THE SOLE
23 AUTHORITY OF THE DRAINAGE BOARD AS DECIDED IN SEPARATE
24 PROCEEDINGS.
25 (4) IF THE DRAINAGE BOARD DETERMINES THAT THE DRAIN IS NEC-
26 ESSARY, THE DRAINAGE BOARD SHALL REVIEW THE PERCENTAGES of the
27 whole cost of construction which each county shall bear, AS SET
02102'97
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1 FORTH IN THE ORDER DESIGNATING THE DRAINAGE DISTRICT, and
2 determine the number of installments in which the drain taxes
3 shall be collected. If commissioners cannot agree on the
4 PREVIOUSLY ESTABLISHED apportionment between counties or the
5 number of installments, the chairperson shall determine the
6 apportionment or the number of installments. An order shall be
7 prepared, signed by the chairperson, to be known as the first
8 order of determination , showing SHALL BE PREPARED AND SIGNED
9 BY THE CHAIRPERSON. THE ORDER SHALL SHOW the determination of
10 necessity, THE determination of percentages, and THE determina-
11 tion of number of installments. , and a A copy of the order
12 shall be filed in the office of the county drain commissioner of
13 each county into which the drainage district extends. The
14 drainage board shall be the board of determination and shall
15 determine the question of necessity for drains located, estab-
16 lished, and constructed under this chapter. If the drainage
17 board cannot agree unanimously on the apportionment between coun-
18 ties, the matter shall be submitted to the board of arbitration
19 REVIEW in the manner prescribed in section 106, and that board's
20 decision shall be final.
21 Sec. 122a. Whenever AFTER the drain DRAINAGE board
22 finds by majority vote of the whole number of members APPOINTED
23 that the drain is or is not necessary, a person OR MUNICIPALITY
24 feeling aggrieved by the determination may institute an action in
25 the circuit court for the county in which the real property
26 DRAINAGE DISTRICT is located for a REVIEW OF THE determination.
27 of necessity. The action shall be filed by the person OR
02102'97
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1 MUNICIPALITY aggrieved within 10 days after the determination of
2 necessity or no necessity. by the drain board. THE PURPOSE OF
3 THE CIRCUIT COURT REVIEW IS TO DETERMINE WHETHER THE DECISION OF
4 THE DRAINAGE BOARD SERVING AS THE BOARD OF DETERMINATION WAS SUP-
5 PORTED BY SUBSTANTIAL, MATERIAL, OR COMPETENT EVIDENCE ON THE
6 WHOLE RECORD. THE REVIEW SHALL BE MADE ON THE RECORD PRESENTED
7 TO THE DRAINAGE BOARD AND NO ADDITIONAL TESTIMONY OR EVIDENCE
8 SHALL BE OFFERED EXCEPT FOR PURPOSES OF CLAIM OF FRAUD OR ERROR
9 OF LAW.
10 Sec. 123. (1) After securing releases of right of way as
11 herein provided, the commissioner of each county affected shall
12 apportion the benefits for the construction of such drain to each
13 tract or parcel of land to any county, township, city or village
14 and to any state trunk line highway within said drainage dis-
15 trict, in the manner provided in chapter 7, being sections 151 to
16 161, inclusive, of this act. Such per cent so apportioned when
17 finally approved shall be assessed against such townships,
18 cities, highways and lands according to such apportionment of
19 benefits, as herein provided. The apportionment of benefits so
20 made shall be subject to review and correction and may be
21 appealed from as provided in said chapter 7. FOR ALL DRAINS
22 LOCATED, ESTABLISHED, AND CONSTRUCTED UNDER THIS CHAPTER, AFTER
23 THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SEN-
24 TENCE, THE DRAINAGE BOARD SHALL OBTAIN ANY PERMITS REQUIRED UNDER
25 THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA
26 451, MCL 324.101 TO 324.90106, AND SHALL EVALUATE NATURAL
27 RESOURCE IMPACTS OF THE PROPOSED DRAIN AND IDENTIFY MEASURES TO
02102'97
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1 MINIMIZE ADVERSE IMPACTS, BEFORE THE CONSTRUCTION OF THE
2 PROJECT. ALL COSTS ASSOCIATED WITH EVALUATING NATURAL RESOURCE
3 IMPACTS AND IMPLEMENTING THE MEASURES TO MINIMIZE THOSE IMPACTS
4 SHALL BE THE RESPONSIBILITY OF THE DRAINAGE DISTRICT. MEASURES
5 THAT ARE INTENDED TO IMPROVE OR ENHANCE NATURAL RESOURCE VALUES
6 MAY BE INCLUDED AS PART OF THE DRAINAGE PROJECT. THE DETERMINA-
7 TION TO INCLUDE SUCH MEASURES IS WITHIN THE DISCRETION OF THE
8 DRAINAGE BOARD. THE FUNDING FOR THE COST OF SUCH MEASURES MAY
9 INCLUDE GIFTS, DONATIONS, GRANTS, AND CONTRACTS PURSUANT TO SEC-
10 TION 431, SPECIAL ASSESSMENTS, OR ANY COMBINATION THEREOF AS CON-
11 SIDERED APPROPRIATE BY THE DRAINAGE BOARD.
12 (2) IF AFTER RECEIPT OF THE PLANS, SPECIFICATION, ESTIMATE
13 OF COST AND DESCRIPTIONS OF THE LANDS OR RIGHTS OF WAY NEEDED FOR
14 THE PROPOSED DRAIN, THE DRAINAGE BOARD DETERMINES THAT THE
15 PROJECT IS NOT PRACTICAL, THE DRAINAGE BOARD SHALL NOTIFY THE
16 LANDOWNERS AND MUNICIPALITIES IN THE DISTRICT BY FIRST-CLASS MAIL
17 OF THE INTENT TO ABANDON THE PETITION. THE NOTICE SHALL SPECIFY
18 THE REASONS FOR THE PROPOSED ABANDONMENT. THE NOTICE SHALL ALSO
19 SPECIFY A TIME, DATE, AND PLACE FOR A PUBLIC HEARING TO HEAR
20 OBJECTIONS TO THE ABANDONMENT OF THE PETITION. AT THE PUBLIC
21 HEARING, THE DRAINAGE BOARD SHALL ELICIT TESTIMONY AND EVIDENCE
22 WITH REGARDS TO THE PROPOSED ABANDONMENT. FOLLOWING THE RECEIPT
23 OF TESTIMONY, THE DRAINAGE BOARD SHALL DETERMINE WHETHER OR NOT
24 THE PETITION SHOULD BE ABANDONED. IF THE ABANDONMENT IS DETER-
25 MINED TO BE PRACTICAL, THE DRAINAGE BOARD SHALL ENTER AN ORDER OF
26 ABANDONMENT AND APPORTION ALL COSTS INCURRED TO THE DISTRICT AS
02102'97
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1 IF THE PROJECT HAD BEEN BUILT AND THE COSTS WILL BE SUBSEQUENTLY
2 ASSESSED AND PAID AS PROVIDED IN CHAPTER 7.
3 Sec. 124. After such apportionment shall have been made by
4 each of the commissioners, the chairman of the drainage board
5 shall prepare and have printed notice of a meeting to be held at
6 some convenient place, not less than 20 days from the date of
7 such notice, for the purpose of receiving bids for the construc-
8 tion of such drain, and also for the holding of a public meeting
9 not less than 5 nor more than 30 days after the date set for
10 receiving bids, at which a review will be held of the apportion-
11 ment of benefits made as aforesaid. THE DRAINAGE BOARD SHALL
12 ATTEMPT TO SECURE FROM THE OWNERS OF EACH PARCEL OR TRACT OF LAND
13 TO BE TRAVERSED BY THE PROPOSED DRAIN OR DRAINS AN EASEMENT OR
14 RELEASE OF RIGHT OF WAY OR SIMILAR INTEREST TO ACCOMPLISH THE
15 PROJECT AS OUTLINED IN THE PLANS AND ALL DAMAGES ON ACCOUNT
16 THEREOF. THE DRAINAGE BOARD MAY TAKE ACKNOWLEDGMENTS OF RELEASES
17 OF RIGHT OF WAY AND ADMINISTER OATHS IN ANY PROCEEDINGS PERTAIN-
18 ING TO A DRAIN. A RELEASE OF RIGHT OF WAY SHALL DESCRIBE THE
19 LAND TO BE CONVEYED AND SHALL BE SIGNED AND ACKNOWLEDGED BY THE
20 PERSON HAVING THE RIGHT TO CONVEY. SUCH A CONVEYANCE IS SUFFI-
21 CIENT UNDER THIS ACT. ALL RELEASES FOR RIGHTS OF WAY SHALL BE
22 CONSIDERED TO INCLUDE SUFFICIENT GROUND ON EACH SIDE OF THE
23 CENTER LINE OF THE DRAIN FOR THE DEPOSIT OF THE EXCAVATIONS
24 THEREFROM. IF THE LANDOWNER IS A MARRIED MAN OR WOMAN, IT IS NOT
25 NECESSARY FOR THE HUSBAND OR WIFE TO SIGN THE RELEASE OF RIGHT OF
26 WAY UNLESS HE OR SHE HAS AN INTEREST IN THE LAND OTHER THAN AN
27 INCHOATE RIGHT OF DOWER. IF A PORTION OF A DRAIN IS LOCATED
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1 WITHIN A STREET, HIGHWAY, OR PUBLIC PLACE, THEN A RESOLUTION
2 ADOPTED BY A MAJORITY VOTE OF THE GOVERNING BODY HAVING JURISDIC-
3 TION OVER THE STREET, HIGHWAY, OR PUBLIC PLACE GRANTING LEAVE TO
4 CONSTRUCT THE DRAIN THEREIN, DESIGNATING THE PLACE TO BE
5 TRAVERSED BY THE DRAIN, IS A SUFFICIENT RELEASE OF THE RIGHT OF
6 WAY, UNDER THIS ACT. THE GOVERNING BODY MAY PERMIT THE CONSTRUC-
7 TION OF AN OPEN DRAIN IF THE CONSENT IS SET FORTH IN THE
8 RESOLUTION.
9 Sec. 125. At such meeting the respective commissioners
10 shall hear the proofs and allegations offered and shall recon-
11 sider and review the descriptions of land in that county forming
12 a part of the drainage district, the apportionment of benefits,
13 and define and equalize the same as may seem just and equitable.
14 The persons entitled to appear and offer proof may appeal from
15 such review and the manner of taking such appeal shall be as pre-
16 scribed in chapter 7 of this act, being sections 151 to 161,
17 inclusive.
18 Bids shall be received and computation of the total cost of
19 the drain shall be made, as hereinafter provided, before the time
20 set for review of the apportionment, and such computation shall
21 be open to inspection at the time of review. If such computation
22 shall not be completed before the day of review, such review may
23 be adjourned from time to time, not more than 20 days in all for
24 the completion of such computation, or a new hearing may be
25 called with like notice by publication, posting and service at
26 least 10 days before such hearing. If for any reason the
27 contracts on which such computation was based shall not be
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1 executed and new contracts shall be let at a higher price, a
2 corrected computation shall be made and a new review held with
3 like notice. TO OBTAIN AN EASEMENT, RELEASE OF RIGHT OF WAY, OR
4 THE REQUIRED INTEREST IN THE PROPERTY, THE DRAIN COMMISSIONER IS
5 GRANTED THE POWER OF EMINENT DOMAIN AND MAY COMMENCE CONDEMNATION
6 PROCEEDINGS UNDER THE UNIFORM CONDEMNATION AND PROCEDURES ACT,
7 1980 PA 87, MCL 213.51 TO 213.77.
8 Sec. 126. At the time and place fixed in said notice, or
9 at an adjourned date, the drainage board shall receive bids and
10 let contracts for the construction of the drain in the manner
11 prescribed in chapter 9, being sections 221 to 223. If no con-
12 tract shall be let within 5 years after the date of filing the
13 petition to locate, establish and construct the drain, the drain-
14 age board may determine that the petition shall be deemed aban-
15 doned and no further action shall be taken to construct the
16 drain. Provided, That time during which any litigation shall be
17 pending to contest the validity of such proceedings shall not be
18 counted as a part of such 5-year period. If the drainage board
19 determines the petition shall be abandoned, it shall issue its
20 order to that effect; provided, that such determination of aban-
21 donment shall not be issued within the 5 year period. Notice of
22 the order shall be given by publishing a notice in a newspaper of
23 general circulation in each county affected. The provisions of
24 this section shall apply to all petitions which are in full force
25 and effect on the date of January 1, 1973, or thereafter. AFTER
26 SECURING RELEASES OF RIGHT OF WAY AS HEREIN PROVIDED, THE
27 COMMISSIONER OF EACH COUNTY AFFECTED SHALL APPORTION THE BENEFITS
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1 FOR THE CONSTRUCTION OF SUCH DRAIN TO EACH TRACT OR PARCEL OF
2 LAND TO ANY COUNTY, TOWNSHIP, CITY, OR VILLAGE AND TO ANY STATE
3 TRUNK LINE HIGHWAY WITHIN SAID DRAINAGE DISTRICT, IN THE MANNER
4 PROVIDED IN CHAPTER 7, BEING SECTIONS 151 TO 161, INCLUSIVE, OF
5 THIS ACT. SUCH PERCENT SO APPORTIONED WHEN FINALLY APPROVED
6 SHALL BE ASSESSED AGAINST SUCH TOWNSHIPS, CITIES, HIGHWAYS, AND
7 LANDS ACCORDING TO SUCH APPORTIONMENT OF BENEFITS, AS HEREIN
8 PROVIDED. THE APPORTIONMENT OF BENEFITS SO MADE SHALL BE SUBJECT
9 TO REVIEW AND CORRECTION AND MAY BE APPEALED FROM AS PROVIDED IN
10 SAID CHAPTER 7.
11 Sec. 127. (1) Within 60 days next succeeding the entry of
12 the first order of determination the said commissioners shall
13 within their respective counties endeavor to secure from the
14 owner of each parcel or tract of land which would be traversed or
15 damaged by said proposed drain a release of the right of way and
16 all damages on account thereof. AT THE MEETING, THE RESPECTIVE
17 COMMISSIONERS SHALL HEAR THE PROOFS AND ALLEGATIONS OFFERED AND
18 SHALL RECONSIDER AND REVIEW THE DESCRIPTIONS OF LAND IN THAT
19 COUNTY FORMING A PART OF THE DRAINAGE DISTRICT AND THE APPORTION-
20 MENT OF BENEFITS AND SHALL DEFINE AND EQUALIZE THE APPORTIONMENT
21 AS MAY SEEM JUST AND EQUITABLE. THE PERSONS ENTITLED TO APPEAR
22 AND OFFER PROOF MAY APPEAL FROM THE REVIEW IN THE SAME MANNER AS
23 PROVIDED IN CHAPTER 7.
24 (2) BIDS SHALL BE RECEIVED AND COMPUTATION OF THE TOTAL COST
25 OF THE DRAIN SHALL BE MADE, BEFORE THE TIME SET FOR REVIEW OF THE
26 APPORTIONMENT, AND SUCH COMPUTATION SHALL BE OPEN TO INSPECTION
27 AT THE TIME OF REVIEW. IF THE COMPUTATION IS NOT COMPLETED
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1 BEFORE THE DAY OF REVIEW, THE REVIEW MAY BE ADJOURNED FROM TIME
2 TO TIME, NOT MORE THAN 20 DAYS IN ALL FOR THE COMPLETION OF THE
3 COMPUTATION, OR A NEW HEARING MAY BE CALLED WITH LIKE NOTICE BY
4 PUBLICATION, POSTING, AND SERVICE AT LEAST 10 DAYS BEFORE THE
5 HEARING. IF FOR ANY REASON THE CONTRACTS ON WHICH THE COMPUTA-
6 TION WAS BASED ARE NOT EXECUTED AND NEW CONTRACTS ARE LET AT A
7 HIGHER PRICE, A CORRECTED COMPUTATION SHALL BE MADE AND A NEW
8 REVIEW HELD WITH LIKE NOTICE.
9 Sec. 128. In case all the persons whose lands are to be
10 traversed or damaged by such drain or drains, as proposed in this
11 chapter, shall not within 60 days after the issue of the first
12 order of determination have voluntarily released the right of way
13 therefor, and all damages on account thereof, the drainage board
14 shall apply to the judge of probate of the county in which such
15 lands are situated for the appointment of 3 special
16 commissioners. When such application shall be made and when all
17 papers shall have been found to be in conformity with the provi-
18 sions of this act, the court to whom such application has been
19 made shall, within 60 days from the filing of said application,
20 appoint such special commissioners and shall deliver to each
21 drain commissioner a certified copy of the order of the appoint-
22 ment of such special commissioners. Such special commissioners
23 shall be resident freeholders of the county and not residents of
24 the township or townships to be affected by the proposed drain in
25 which they are appointed. All proceedings had in the appointment
26 of special commissioners, the issuance of service of citations,
27 hearings by the probate court and by the special commissioners
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1 and the return of special commissioners under the provisions of
2 this chapter shall be similar to those provided in chapter 4,
3 being sections 71 to 84. AT THE TIME AND PLACE FIXED IN THE
4 NOTICE, OR AT AN ADJOURNED DATE, THE DRAINAGE BOARD SHALL RECEIVE
5 BIDS AND LET CONTRACTS FOR THE CONSTRUCTION OF THE DRAIN IN THE
6 MANNER PRESCRIBED IN CHAPTER 9.
7 Sec. 131. A full record of such THE drain shall be made
8