DRAINS: CONDEMNATION PROCEDURES                                                         H.B. 4793:

                                                                                                      FLOOR SUMMARY

House Bill 4793 (as reported without amendment)

Sponsor:  Representative Al Pscholka

House Committee:  Local Government

Senate Committee:  Local Government and Elections

CONTENT

The bill would amend Chapter 4 (County Drains) and Chapter 6 (Intercounty Drains) of the Drain Code to allow a drainage district to institute condemnation proceedings under the Uniform Condemnation Procedures Act to obtain the necessary right-of-way, an easement, or another property interest, if a person whose land would be crossed or damaged by a proposed drain had not executed a release of the right-of-way.

Chapters 4 and 6 provide that, if a person whose land would be crossed or damaged by a proposed drain has not executed a release of the right-of-way and all related damages, the drain commissioner may apply to the probate court for the appointment of special commissioners to determine the necessity of taking private property for the use and benefit of the public, and the just compensation to be made for it.  The bill would delete these provisions.

The bill also would repeal Sections 76 through 84, 86, 87, 88, and 129 of the Drain Code, which establish requirements for the appointment and activities of the special commissioners; the determination and awarding of damages; and compensation of the commissioners.

MCL 280.75 & 280.128                                                   Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  12-11-13                                                   Fiscal Analyst:  Bruce Baker

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.