HOUSE BILL No. 5840

 

February 28, 2008, Introduced by Rep. LaJoy and referred to the Committee on Transportation.

 

     A bill to amend 1909 PA 283, entitled

 

"An act to revise, consolidate, and add to the laws relating to the

establishment, opening, discontinuing, vacating, closing, altering,

improvement, maintenance, and use of the public highways and

private roads; the condemnation of property and gravel therefor;

the building, repairing and preservation of bridges; maintaining

public access to waterways under certain conditions; setting and

protecting shade trees, drainage, and cutting weeds and brush

within this state; providing for the election or appointment and

defining the powers, duties, and compensation of state, county,

township, and district highway officials; and to prescribe

penalties and provide remedies,"

 

by amending section 20g of chapter I (MCL 221.20g).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                 CHAPTER I

 

     Sec. 20g. (1) Any road determined to be a public highway in

 

accordance with this chapter shall be improved by the township or

 

the board of county road commissioners to standards determined in

 


writing by the board of county road commissioners of that county.

 

The standards may be less than the standards adopted by that board

 

of county road commissioners for construction of subdivision

 

streets.

 

     (2) The township or the board of county road commissioners may

 

specially assess all or part of the costs of the improvements

 

against benefited property owners pursuant to Act No. 188 of the

 

Public Acts of 1954, as amended, being sections 41.721 to 41.737 of

 

the Michigan Compiled Laws under 1954 PA 188, MCL 41.721 to 41.738.

 

     (3) The petition required by section 20a may serve as the

 

petition for commencing special assessment proceedings if the

 

petition so states language specifically provides for the

 

assessment.

 

     (4) Upon completion of the improvements to board of county

 

road commissioners standards the public highway shall be accepted

 

by the board of county road commissioners as a county road and made

 

a part of the county road system. in accordance with the provisions

 

of section 18 of chapter 4.

 

     (5) Between the time that the court enters its order declaring

 

that the road is a public highway and the time that the public

 

highway is accepted by the board of county road commissioners

 

neither the township nor the board of county road commissioners

 

shall be responsible for maintaining the public highway nor be

 

liable for failure to maintain the public highway.