September 14, 2006, Introduced by Reps. Amos, Taub and Stakoe and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 421 (MCL 280.421).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
421. (1) Whenever any person shall obstruct any
established
drain, it shall be the duty of the commissioner to
cause
such obstruction to be removed. Any lessening of the area of
a
drain, which area shall be a cross section of the drain, shall be
deemed
to be an obstruction. A
person shall not obstruct, permit
an obstruction, or otherwise interfere with or encroach upon a
drain or a drain right-of-way. Obstruction is any lessening of the
cross-section of a drain, including, but not limited to, that
resulting from any railroad, bridge, cable, pipeline, sewer,
conduit, roadway, culvert, or other structure. Obstruction does not
include construction of a structure as approved by the drain
commissioner or the drainage board. Interfere means any action
taken that hinders or impedes the intended purpose, design, or
operation of the drain or that will increase the cost to the
district of performing any of its work on the drain or that is
considered inconsistent with the district's easement. Encroach
means any action taken to advance beyond the usual or proper limits
of
the drain. The person causing such
or permitting the
obstruction or otherwise interfering with or encroaching upon a
drain or drain right-of-way shall be liable for the expense
attendant
upon resulting from the removal thereof, together with
the
charges of the commissioner. , and the same The expense shall
be
a lien upon the lands of the party causing or permitting such
the
obstruction, and
all of the expense shall by the commissioner
be
reported interference, or
encroachment. The commissioner shall
report
the expense to the board of supervisors
commissioners,
together
with the report of his or her doings in the premises. ,
and
by said board ordered If the
expense remains unpaid, the board
of commissioners shall order the expense spread upon the land of
the
offending party. , should the same remain unpaid: Provided,
That
the The offending party causing such
the obstruction shall
be
given a notice in writing of at least 5 days to remove such
the obstruction.
(2) This provision as to obstruction, interference, or
encroachment of any drain or drain right-of-way shall not apply
where the obstruction was caused by natural causes, but the owner
of the
stock livestock who shall permit permits his or her
horses,
cattle, pigs, and other
stock livestock to obstruct any
drain
by tramping in it shall be deemed is considered to be the
party
causing such the
obstruction.
(3) Nothing contained in this section shall in any way impede
or bar the right of any person to make criminal complaint under any
existing law for any obstruction, interference, or encroachment of
a drain or drain right-of-way.