June 12, 2014, Introduced by Reps. Pscholka, Price, LaVoy, Dianda, Haveman, Foster and Schmidt and referred to the Committee on Local Government.
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 lands an
6 application to lay out and
designate a drainage district. with
7 reference to a proposed drain therein; such The application
shall
8 tentatively describe the location and route of such the proposed
9 drain. The Except
as provided in subsection (2), the application
1 shall be signed by a number of freeholders in said the drainage
2 district whose lands would be liable to an assessment for
3 benefits, equal to 50% of any of the freeholders whose lands
4 would be traversed by the drain or drains applied for or that
5 abut on any highway or street along the side of which such the
6 drain extends, between a point where such the drain
enters such
7
the highway and the point where it
leaves such the highway and
8 which lands are within the drainage district. The eligibility of
9 the signers to such the
application shall be determined by
their
10 interest of record in the office of the register of deeds, in the
11 probate court, or in the circuit court of the county in which
12 such the lands are situated at the time such the petition
is
13 filed.
14 (2) An application under subsection (1) may be signed by a
15 representative of the city, village, or township if authorized by
16 its governing body, if the proposed drain is necessary for the
17 public health of the city, village, or township, and if the city,
18 village, or township will be liable for an assessment at large
19 against it for a percentage of the cost of the proposed drain.
20 Sec. 121. (1) After an intercounty drainage district has
21 been established and the order therefor filed as hereinbefore
22 provided, establishing
the intercounty drainage district has been
23 filed as provided in this act, a petition to locate, establish,
24 and construct a drain may be filed with any commissioner having
25 jurisdiction of any of the lands designated in such the order
as
26 constituting the drainage district. Such The petition
shall ask
27 for the location, establishment, and construction of the drain or
1 drains, or any part thereof, of the drain or drains, as
described
2 in said the order. The
3 (2) Subject to subsection (3), the petition under subsection
4
(1) shall be signed by a number of freeholders
landowners in said
5 the drainage district, whose lands would be liable to an
6 assessment for benefits, equal to 1/2 of the number of
7 freeholders landowners
whose lands would be traversed by the
8 drain or drains applied for, or abut on the part of any highway
9 or street along the side of which such the drain
extends, between
10 the point where such the
drain enters such the highway
and the
11 point where it leaves such the highway and which lands
are within
12 the drainage district. Such The petition shall be
accompanied by
13 a description of the land in said the district owned by each
14 signer and by a certificate of the county treasurer as to payment
15 of taxes and special assessments against such the lands. ;
such
16 The certificate shall be in substantially the following form:
17 I hereby certify that there are no taxes or special
18 assessments unpaid against any of the lands described in the
19 annexed list according to the records of the county treasurer's
20 office for the past 3 years, except as follows:
21 Description Year Tax or assessment Amount
22 ............. ........... ...................... .........
23 (3) The For
purposes of determining the number of landowners
24 needed for a petition under subsection (2), the name of any
25 signer as to whose land such the certificate under subsection (2)
26 shows taxes or special assessments unpaid for 3 years shall not
1 be counted. The eligibility of the signers to such the petition
2 shall be determined by their interest of record in the office of
3 the register of deeds, in the probate court, or in the circuit
4 court of the counties in which such the lands
are situated at the
5 time such the petition is filed. In determining the number of
6 owners whose lands are traversed by such the drain,
or abut
7 thereon as hereinbefore prescribed, the drain, the drain
8 commissioner shall investigate the records of the register of
9 deeds, of the probate court, and of the circuit court of the
10 county, and shall make diligent inquiry in the community,
11 including inquiry of anyone in possession of all of such the
12 lands so traversed by
the drain or so abutting the drain, as to
13 the ownership thereof. of
the lands.
14
(4) In lieu of a petition signed
by freeholders, landowners
15 under subsection (2), the petition may be signed solely by a
16 city, village or township in each county involved, when duly
17 municipality, if authorized by its governing body, or by any
18 combination of such municipalities, if each petitioning
19 municipality will be liable to assessment at large for public
20 health for any part of the cost of the proposed drain. In the
21 event of a municipally signed A petition ,
then the foregoing
22 provisions of this section, other than the first 2 sentences and
23 these last 2 sentences thereof, shall not be applicable.signed
24 under this subsection is not subject to subsection (2) or (3).
25 (5) As used in this section, "municipality" means a city,
26 village, or township.