HB-6472, As Passed House, December 5, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6472

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 6 (MCL 280.6).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. All established drains regularly located and

established  in pursuance of  under law  existing  in effect at the

time of location and establishment and visibly in existence, which

were established as drains, and all drains  visibly in existence

evidenced in written drain easements or rights of way on file in

the office of the drain commissioner  , shall be deemed  are public

drains located in public easements or rights of way which are valid

and binding against any owners of any property interest who became

or hereafter become such owners after the location and

establishment of the drain or the existence of the drain became

visible or the written drain easement or right of way was executed.

, and the  The drain commissioner or drainage board may use, enter

upon, and preserve  such  the easement or right of way for

maintenance of the visible drain and any other lawful activity with

respect to the  same  drain not requiring a larger or different

easement or right of way and may exercise any rights granted in the

written easement or right of way on file in the office of the drain

commissioner. Drains that are visibly in existence include open or

closed drains that can be visibly identified by banks, slopes,

manhole covers, or other structures that would identify the

existence of a drain. Easements or rights of way, or portions of

easements or rights of way, no longer necessary for drainage

purposes  may  shall be conveyed or released to the  fee owners

landowners by the drain commissioner or drainage board on behalf of

the drainage district. The drain commissioner or drainage board

shall give at least 30 days' notice of the intention to release the

excess easements by publishing a notice in a newspaper of general

circulation in the county or a newspaper of general circulation

where the drainage district boundaries are located. This notice

shall give a general description of the excess easements to be

released and the date any taxpayers may appear to protest  said

that release.  After said date if no protests are received, the

drain commissioner or drainage board may release said excess

easements or portions thereof not necessary for drainage purposes.

The drain commissioner or drainage board shall consider any

protests or public comments received by that date before

determining that an easement or portion of an easement is not

necessary for drainage purposes and before releasing the excess

easement or portions of those easements.