HOUSE BILL No. 5668


     February 14, 2002, Introduced by Rep. Patterson and referred to the Committee on House Oversight and Operations.


        A bill to amend 1931 PA 246, entitled

   "An act to provide for the construction, repair, and maintenance
   of pavements, sidewalks, and elevated structures on or along
   public roads and highways; to provide for the levying of taxes
   and of special assessments; to authorize the borrowing of money
   and the issuance of bonds; to prescribe the powers and duties of
   certain state and local agencies and officers; to validate
   actions taken, special assessments levied, and bonds issued; and
   to provide for the lighting of certain roads, highways, and
   bridges,"

   by amending section 10 (MCL 41.280).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 10.  The commissioners shall apportion the percentage

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        of the total cost of  such  THE improvement which the township at

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        large shall be taxed to pay by reason of the benefit to the

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        public convenience and welfare, which shall not exceed  25 per

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        cent  25% of the total cost of  said  THE improvement, and may

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        apportion a percentage of the total cost of  such  THE

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        improvement, to be borne by the board of county road


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        commissioners from the county road fund, and shall also apportion

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        the percentage of the benefits to accrue to any piece or parcel

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        of land by reason of the construction of  such  THAT improvement

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        over and above the sum of the  per cent  PERCENT assessed against

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        the township at large and the percentage, if any, apportioned to

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        the board of county road commissioners to be paid from the county

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        road fund as  aforesaid  PROVIDED IN THIS SECTION, which  per

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        cent  PERCENT of benefit shall be apportioned upon and assessed

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        against the lands benefited, according to the benefits received,

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        and which apportionment shall be announced at the time and place

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        of hearing objections to and equalizing the apportionment of

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        benefits.   Such  THE assessments of  per cent  PERCENT benefits

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        shall  thereupon  be subject to review and correction and may be

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        reviewed in the manner  herein  provided IN THIS ACT.  All

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        appeals in this act provided for shall be from the apportionment

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        of the  per cent  PERCENT of benefits.  Any state lands, except

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        state tax homestead or state swamp lands under the control of the

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         conservation  department OF NATURAL RESOURCES, benefited by any

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        such improvement, shall be liable to assessment in the same

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        manner as are privately owned lands.  The amount of any assess-

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        ment on state land shall be certified by the board of county road

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        commissioners,  to the auditor general, who shall thereupon draw

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        his warrant on  AND SHALL BE PAID BY the state treasurer.  for

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        the amount due.  Payment  thereof  shall be made out of any funds

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        in the state treasury appropriated  therefor  FOR THAT PURPOSE.

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         The auditor general shall incorporate in the state tax for the

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        year 1932 and for each year thereafter a sufficient sum as



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        estimated by him to reimburse the general fund for all sums paid

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        by the state on account of such assessment.  In any case where

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         such  AN assessment is imposed by the board of county road com-

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        missioners UNDER THIS ACT the state shall have the same right of

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        appeal as is  herein  given to owners of other lands.  The BOARD

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        OF county road commissioners shall designate each assessment dis-

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        trict by number, by which number it shall thereafter be known.

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        Whenever any state land  shall be  IS assessed for benefits, the

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        board of county road commissioners shall give 10 days' notice to

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        the  auditor general  STATE TREASURER of the time and place of

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        the hearing of objections on account of  such  THE assessment.


































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