April 24, 2013, Introduced by Reps. Pscholka, Rendon and Johnson and referred to the Committee on Local Government.
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 the drainage
district, 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 is made in accordance with subsection
(1) or after an inspection performed in accordance with section 196
or upon receipt of a petition, 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,
may, after notice and review as provided in this section, revise
the boundaries of the drainage district to include all lands
benefited by the drain.
(3) 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 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.
(4) A notice for review of revised drainage district
boundaries under subsection (3) 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 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.
(5) If a revision to a drainage district is made affecting a
state trunk line highway, unless the state transportation
department consents in writing to the revision, the drain
commissioner or the drainage board shall, at least 20 days before
the review under this section, notify by registered mail the
director of the state transportation department of the revisions to
the drainage district and the date, time, and place established for
a review of the revised drainage district boundaries. If the
director of the state transportation department desires to have the
revision to the drainage district reviewed by the director of the
department of agriculture and rural development, he or she shall
file with the drain commissioner or the drainage board an objection
to the revision of the drainage district boundaries. The drain
commissioner or drainage board shall notify the director of the
department of agriculture and rural development of the date, time,
and place established for the review of the drainage district
boundaries, and at the review, the director of the department of
agriculture and rural development or a deputy of the director shall
review the revisions made to the drainage district that affect a
state trunk line highway, shall listen to the proofs and
allegations of the parties, and may view the state highway
involved. The written decision of the director of the department of
agriculture and rural development or a deputy of the director on
the revision of drainage district boundaries that affect 1 state
highway shall be final.
(6) The owner of any land in the drainage district, 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 day of review of the drainage district boundaries,
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.