HB-4622, As Passed House, December 12, 2013HB-4622, As Passed Senate, December 12, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4622

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 197 (MCL 280.197).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 197. (1) On Upon receipt of a petition filed under this

chapter, the drain commissioner or the drainage board may require

retain the services of a competent licensed professional surveyor

or engineer to make a survey of the drain or of and may review the

drainage district boundaries, or a portion of the drain or drainage

district, or if necessary, lay out a new revised drainage district

including the land benefited, or make profiles, plans, or estimates

of the work and file all data concerning the revisions, profiles,

plans, or estimates with the drain commissioner or the chairperson

of the drainage board. If it appears that land has been added to

the drainage district, the drain commissioner for a county drain,

or the chairperson of the drainage board for an intercounty drain,

shall notify the board of determination who allowed the petition

that the land should be added to the district. The drain

commissioner or chairperson of the drainage board shall call a

meeting of the board of determination. If a member of the board of

determination is disqualified or unable to act, then the member's

place shall be filled by appointment as in the first instance. The

notice shall specify the time, date, and place within the drainage

district at which the board of determination shall reconvene. The

drain commissioner or chairperson of the drainage board also shall

cause the notice to be published once in a newspaper of general

circulation in the county or a newspaper of general circulation in

the area where the drain improvement is contemplated at least 10

days before the meeting. Notice of the time and place of the

meeting, by first class mail, shall be sent at least 10 days before

the date of the meeting, to each person whose name appears upon the

last city or township tax assessment roll as owning land within the

enlarged drainage district, at the address shown on the roll. If an

address does not appear on the roll, then notice need not be mailed

to the person. The drain commissioner shall make an affidavit of

the mailing and shall recite in the affidavit that the persons to

whom the notice was mailed constitute all of the persons whose

names and addresses appear upon the tax rolls as owning land within

the enlarged drainage district. The affidavit shall be conclusive

proof that notice was mailed to each person to whom notice is

required to be mailed by this section. The failure to receive a

notice by mail shall not constitute a jurisdictional defect

invalidating a drain proceeding or tax, if notice was sent by

first-class mail as provided in this section. All expense of

notification shall be paid by the drainage district.

     (2) At the time, date, and place designated by the drain

commissioner or the chairperson of the drainage board the board of

determination shall reconvene. Upon reconvening, if the board of

determination by a majority vote of members finds the proposed

addition of the land to the drainage district necessary and

conducive to the public health, convenience, or welfare, they shall

make an order to that effect and file the order with the drain

commissioner or drainage board. The drain commissioner or drainage

board shall take the steps and perform the acts which are required

for the locating, establishing, and constructing of drains as

designated in chapter 4 or chapter 6.

     (2) If, after a survey of the drain or a review of the

drainage district boundaries under subsection (1) or after an

inspection under section 196, it appears that the boundaries of the

drainage district should be revised, the drain commissioner for a

county drain, or the drainage board for an intercounty drain, shall

either convene the board of determination pursuant to subsection

(3) or hold a day of review of district boundaries pursuant to

subsection (4) and, after notice and review as provided in this

section, revise the boundaries of the drainage district to include

all lands benefited by the drain as recommended by a licensed

professional surveyor or engineer.

     (3) If the drain commissioner or drainage board determines

that the boundaries of the drainage district should be revised

prior to the hearing of necessity for a petition, the drain

commissioner for a county drain, or the chairperson of the drainage

board for an intercounty drain, may request that the board of

determination revise the drainage district boundaries during the

hearing of necessity as provided in section 72 or 122. If the board

of determination by a majority vote of members finds that the

addition or deletion of lands will more accurately define the

boundaries of the land benefited by the drain and it would be just

and equitable, they shall describe the revised drainage district

boundaries in the order of necessity for the drain.

     (4) If the drain commissioner or drainage board determines to

hold a day of review of drainage district boundaries, the lands

comprising the drainage district revised in accordance with this

section shall be subject to review for not less than 1 day from 9

a.m. until 5 p.m. The review shall be conducted at a location

designated by the drain commissioner or drainage board. At the

review, the drain commissioner or drainage board or its designee

shall hear the proofs and allegations and shall carefully

reconsider and review the description of land comprised within the

drainage district. If the drain commissioner or drainage board

finds that the addition or deletion of lands will more accurately

define the boundaries of the land benefited by the drain and it

would be just and equitable, the drain commissioner or drainage

board shall issue an order describing and establishing the revised

drainage district boundaries supported by substantial material and

competent evidence.

     (5) A notice for review of revised drainage district

boundaries under subsection (4) shall specify the date, time, and

place at which the review shall take place and provide a general

description of the lands proposed to be added or deleted in whole

or in part from the drainage district. This notice shall be sent by

first-class mail at least 10 days before the date of the review to

each city, village, and township in the revised district, and each

person whose name appears on the last city or township tax

assessment roll as owning lands within the revised drainage

district, at the address shown on the roll. If an address does not

appear on the roll, then notice need not be mailed to that person.

The drain commissioner or drainage board shall make an affidavit of

the mailing and shall recite in the affidavit that the persons to

whom the notice was mailed constitute all of the persons whose

names and addresses appear on the tax rolls as owning lands within

the revised drainage district. The affidavit shall be conclusive

proof that notice was mailed to each person to whom notice is

required to be mailed by this section. Failure to receive a notice

by mail is not a jurisdictional defect invalidating a drain

proceeding or assessment, if notice was sent by first-class mail as

provided in this section. The drain commissioner or chairperson of

the drainage board shall also cause the notice to be published once

in a newspaper of general circulation in the county or counties in

which the drainage district is located at least 10 days before the

review. All expense of notification shall be paid by the drainage

district.

     (6) The owner of any land in the drainage district, the state

transportation department, or any city, village, township,

district, or county having control of any highway in the drainage

district, that is aggrieved by a determination to revise, or not to

revise, drainage district boundaries as provided for in this

section may, within 10 days after the order to revise the drainage

district boundaries has been entered, institute an action in the

circuit court for the county in which the real property is located

for a determination of whether the decision to add or delete

property to or from the drainage district is supported by

substantial, material, and competent evidence.