HB-5685, As Passed Senate, December 17, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5685

      A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending sections 101 and 121 (MCL 280.101 and 280.121).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 101. (1) Before any action is taken on any a petition

 2  to locate, establish, and construct any a drain , which proposed

 3  drain that will traverse lands in more than 1 county, or affect

 4  more than 1 county, there an application shall first be filed

 5  with the a commissioner having jurisdiction of any such of the

 6  lands an application to lay out and designate a drainage

 7  district. with reference to a proposed drain therein; such The

 8  application shall tentatively describe the location and route of

 9  such the proposed drain. The Except as provided in subsection

10  (2), the application shall be signed by a number of freeholders

11  in said the drainage district whose lands would be liable to an

 1  assessment for benefits, equal to 50% of any of the freeholders

 2  whose lands would be traversed by the drain or drains applied for

 3  or that abut on any highway or street along the side of which

 4  such the drain extends, between a point where such the drain

 5  enters such the highway and the point where it leaves such the

 6  highway and which lands are within the drainage district. The

 7  eligibility of the signers to such the application shall be

 8  determined by their interest of record in the office of the

 9  register of deeds, in the probate court, or in the circuit court

10  of the county in which such the lands are situated at the time

11  such the petition is filed.

12        (2) An application under subsection (1) may be signed by a

13  representative of the city, village, or township if authorized by

14  its governing body, if the proposed drain is necessary for the

15  public health of the city, village, or township, and if the city,

16  village, or township will be liable for an assessment at large

17  against it for a percentage of the cost of the proposed drain.

18        Sec. 121. (1) After an intercounty drainage district has

19  been established and the order therefor filed as hereinbefore

20  provided, establishing the intercounty drainage district has been

21  filed as provided in this act, a petition to locate, establish,

22  and construct a drain may be filed with any commissioner having

23  jurisdiction of any of the lands designated in such the order as

24  constituting the drainage district. Such The petition shall ask

25  for the location, establishment, and construction of the drain or

26  drains, or any part thereof, of the drain or drains, as described

27  in said the order. The

 1        (2) Subject to subsection (3), the petition under subsection

 2  (1) shall be signed by a number of freeholders in said the

 3  drainage district, whose lands would be liable to an assessment

 4  for benefits, equal to 1/2 of the number of freeholders whose

 5  lands would be traversed by the drain or drains applied for, or

 6  abut on the part of any highway or street along the side of which

 7  such the drain extends, between the point where such the drain

 8  enters such the highway and the point where it leaves such the

 9  highway and which lands are within the drainage district. Such

10  The petition shall be accompanied by a description of the land in

11  said the district owned by each signer and by a certificate of

12  the county treasurer as to payment of taxes and special

13  assessments against such the lands. ; such The certificate shall

14  be in substantially the following form:

15        I hereby certify that there are no taxes or special

16  assessments unpaid against any of the lands described in the

17  annexed list according to the records of the county treasurer's

18  office for the past 3 years, except as follows:

19	Description       Year       Tax or assessment      Amount
20	.............  ...........  ......................  .........

21  (3) The For purposes of determining the number of

22  freeholders needed for a petition under subsection (2), the name

23  of any signer as to whose land such the certificate under

24  subsection (2) shows taxes or special assessments unpaid for 3

25  years shall not be counted. The eligibility of the signers to

 1  such the petition shall be determined by their interest of record

 2  in the office of the register of deeds, in the probate court, or

 3  in the circuit court of the counties in which such the lands are

 4  situated at the time such the petition is filed. In determining

 5  the number of owners whose lands are traversed by such the drain,

 6  or abut thereon as hereinbefore prescribed, the drain, the drain

 7  commissioner shall investigate the records of the register of

 8  deeds, of the probate court, and of the circuit court of the

 9  county, and shall make diligent inquiry in the community,

10  including inquiry of anyone in possession of all of such the

11  lands so traversed by the drain or so abutting the drain, as to

12  the ownership thereof. of the lands.

13        (4) In lieu of a petition signed by freeholders , under

14  subsection (2), the petition may be signed solely by a city,

15  village or township in each county involved, when duly

16  municipality, if authorized by its governing body, or by any

17  combination of such municipalities, if each petitioning

18  municipality will be liable to assessment at large for public

19  health for any part of the cost of the proposed drain. In the

20  event of a municipally signed A petition , then the foregoing

21  provisions of this section, other than the first 2 sentences and

22  these last 2 sentences thereof, shall not be applicable.signed

23  under this subsection is not subject to subsection (2) or (3).

24        (5) As used in this section, "municipality" means a city,

25  village, or township.