June 8, 2017, Introduced by Rep. Marino and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the
establishment, opening, discontinuing, vacating, closing, altering,
improvement, maintenance, and use of the public highways and
private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining
public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush
within this state; providing for the election or appointment and
defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe
penalties and provide remedies,"
by amending section 18 of chapter IV (MCL 224.18), as amended by
2000 PA 342.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 18. (1) If To apply for a state reward, is to be applied
for,
the board of county road
commissioners shall file with the
state transportation commission, for its approval, a map of the
county showing the location of the proposed system of county roads.
This proposed system may be changed if approved by the state
transportation
commission. All state rewarded The
board of county
road commissioners shall take over all state-rewarded roads
composing
a part of this system shall be taken over as county roads
by
the board of county road commissioners and any road or part of a
road previously laid out shall become a county road if the board of
county
road commissioners shall at any time so determine,
determines, and in passing through or on the line between townships
or villages or cities, the board of county road commissioners may
adopt
any streets or parts of streets may
be adopted as a county
road,
with the consent of the proper authorities of that each
affected
city or cities, village. or
villages. If a street is taken
over and improved as a county road, city and village authorities
may further improve the road by surfacing it outside the portion
constructed
by the county and by the addition of adding gutters,
curbs,
sidewalks, and or other improvements, may provide for the
care and maintenance of the improvements, and may levy and collect
taxes for the improvements. The vote of the county road
commissioners in respect to the determination shall be taken by
yeas and nays, and shall be entered at large on the records of the
board
of county road commissioners. Notice The clerk shall
immediately
give notice of the determination shall
be immediately
given
by the clerk to the highway
authorities of each city or
village in which the road or any part of the road is situated, and
published in a newspaper of general circulation in the county, once
in
each week for 3 successive weeks.
Proof of service and
publication may be made by affidavit by any person knowing the
facts and filed with the clerk. The affidavit or the record thereof
or certified copy of the affidavit or record shall be prima facie
evidence of its contents. After service and publication of the
notice,
the board of county road commissioners shall have has
exclusive jurisdiction and control of the road embraced within the
determination, and the municipality within which the road is
situated
shall be is relieved from all responsibility for the road.
Immediately after laying out or taking control of a road the board
shall
give name the road. a name. The board may change the name of
the road if it determines that a name change is necessary in order
to conform to a general plan or avoid confusion or duplication. The
name given by the board to any road under its jurisdiction, either
originally or in case of a change as provided for in this section,
is the official name by which the road shall be known.
(2) The board also may enter into agreements with the board of
county road commissioners in any adjoining county with reference to
the laying out, maintenance, construction, and improvement of
inter-county roads. The decision of each board to become a party to
an agreement is limited to the construction, improvement, or
maintenance of the portion of the road subject to the jurisdiction
of that board.
(3)
The At any time, the board of county road commissioners of
any
county that has adopted the county road system , at any time,
may either relinquish jurisdiction of or absolutely abandon and
discontinue any county road, or any part of a county road, by a
resolution adopted by a majority vote. The vote of the county road
commissioners in respect to either relinquishment of jurisdiction
or absolute abandonment and discontinuance shall be taken and
entered, and notice given, in the same manner as required in this
section in cases in which county roads are adopted. After
proceedings to relinquish jurisdiction have been had, the
jurisdiction and control of the road, or part of the road, except
as otherwise provided in this section, shall revert to the
municipality within which the road is situated, and the county
shall be relieved of the responsibility for the road. After
proceedings to abandon absolutely and discontinue, the road or part
of the road shall cease to exist as a public highway unless the
unit of government that acquires the property or control of the
property permits use as a public highway. Subject to subsection
(8), the board, at the time of the passage of a resolution to
abandon absolutely and discontinue any portion of a highway under
its jurisdiction, shall determine in the resolution that it is in
the best interests of the public that the highway or portion of the
highway be absolutely abandoned and discontinued. The board shall
cause a true copy of every resolution or other proceeding
containing an accurate description of the lands comprising the
highway or portion of the highway that has been absolutely
abandoned and discontinued to be recorded in the office of the
register of deeds for the county where the lands are situated.
(4)
The Except as otherwise
provided in this section, the
board
of county road commissioners shall not may absolutely abandon
and
discontinue any highway, or part of a highway, except as
provided
in this section, upon the written petition of 7 unless 10%
or
more freeholders landowners
of the township in which the road is
sought to be absolutely abandoned and discontinued submit a written
petition
to the board. The petition for
absolutely abandoning and
discontinuing
a highway shall describe the road
in general terms or
by any name by which it is known, and if the absolute abandonment
and discontinuance of only a portion of a road is asked for, that
portion shall be specified. The petition shall be accompanied by a
true and correct list of the names and mailing addresses of the
occupants of each parcel of land abutting the highway, or portion
of the highway, sought to be absolutely abandoned and discontinued,
which
list shall be certified to under oath by 1 of the persons
making or presenting the petition.
(5)
If a petition for absolute abandonment and discontinuance
of
a road or portion of a road contains
the signatures of all of
the
owners of record and occupants of land abutting the road, 10%
or more landowners of the township in which the road is sought to
be absolutely abandoned and discontinued, as ascertained from the
records in the office of the register of deeds and the certified
list provided for in subsection (4), the board of county road
commissioners
shall, within 20 days after receiving the petition ,
and subject to subsection (8), determine the advisability of the
abandonment and discontinuance and either grant or deny the
petition without further proceedings. In all other cases the board
shall, within 20 days after receiving a petition, issue a written
notice stating the object of the petition and appointing a time and
place
of hearing. , which The
notice shall be served on the
township board of the township in which the road is situated and on
the owners of record and occupants of lands through or adjoining
which it is proposed to absolutely abandon and discontinue the
road, by mailing a copy of the notice by first-class mail to the
township board of the township in which the road is situated and to
the residence of each owner of record or occupant at his or her
last known address at least 30 days before the time of hearing. The
township
board of the township in which the road is situated shall
have
has first priority to retain the property or portion of
the
property. The board shall also notify the township or municipality
within which the road is situated, the state transportation
department, and the department of natural resources if the action
concerns any county road or portion of a county road that borders
on, crosses, is adjacent to, or ends at a lake or the general
course of a stream and the proposed action would result in the loss
of public access. If the owner does not reside upon the land or the
owner of record or occupant cannot be found within the county in
which
the land is situated, the board
shall serve notice to on the
owner
of record or occupant of the land shall be served by posting
in 3 public places in the township in which the road is situated,
and by publication in a newspaper circulated within the county, 30
days
before the time of hearing. Notice The board shall be served
also serve notice upon railroad companies by leaving a copy with
the agent in charge of any ticket or freight office of the company
operating the railroad, on the railroad line. The department of
natural resources and the township or municipality within which the
road is situated shall review the petition and determine within 30
days whether the property should be retained as an ingress and
egress point. If the road is situated in a township, the township
shall have first priority and the department of natural resources
shall
have has second priority to retain the property as an ingress
and egress point. If the road is not situated in a township, the
department
of natural resources shall have has
first priority to
retain the property as an ingress and egress point.
(6)
Upon the service of the notice required in subsection (5),
and before any further proceedings are held, the person by whom the
service was made shall make and annex to the notice, or a copy of
the notice, an affidavit stating the time and manner of service,
which shall be by first-class mail, and by posting and advertising.
In addition, if service is upon a railroad company, the affidavit
shall so state and shall specify the agent upon whom service was
made. The notice and affidavit, together with an affidavit of
publication if the notice was published, shall be attached to the
petition, and the whole shall be present at the time of the hearing
upon the petition. The board of county road commissioners may
designate ,
as hearing examiner, an employee as hearing examiner to
hold the hearing upon the petition. After the hearing, the examiner
shall report all findings of fact to the board.
(7) The board of county road commissioners or the
superintendent
or engineer employed by the board shall proceed to
view the premises described in the petition and notice, and the
board shall ascertain the necessity or advisability of absolutely
abandoning
and discontinuing the highway. pursuant to the petition.
(8) Subject to subsection (5), if the board of county road
commissioners
determines pursuant to under
this section to
relinquish control, discontinue, abandon, or vacate any county road
or portion of a county road that borders on, crosses, is adjacent
to, or ends at a lake or the general course of a stream and the
township, if applicable, or the department of natural resources
decides to maintain the road as a public access site, it shall
convey by quitclaim deed or relinquish jurisdiction over the
property
if the interest is nontransferable to the township or the
this state. If the township obtains the property or jurisdiction
over the property as an ingress and egress point and later proposes
to transfer the property or jurisdiction over the property, it
shall give the department of natural resources first priority to
obtain
the property or jurisdiction over the property. If the this
state obtains the property or jurisdiction over the property under
this subsection, the property shall be under the jurisdiction of
the
department of natural resources. The This state may retain
title to the property, transfer title to a local unit of
government, or deed the property to the adjacent property owners.
If
the this state has purchased the property with restricted
fund
revenue, money obtained from sale of the property shall be returned
to that restricted fund. The local unit of government shall either
maintain the property as a site of public access or allow it to
revert to the adjoining landowners.
(9) Subject to subsection (5), if the board of county road
commissioners
determines pursuant to under
this section to abandon
any county road or portion of a county road to a township, it shall
quitclaim deed the property if the interest is nontransferable to
the township. The township shall either retain the property or
allow it to revert to the adjoining landowners.
(10) Within 30 days after final determination upon the
petition for absolutely abandoning and discontinuing a highway, the
board of county road commissioners shall file with the state
transportation commission a full record and return of its
proceedings. A determination by the board of county road
commissioners under this section is binding for purposes of 1927 PA
341, MCL 247.41 to 247.46.
(11) The board of county road commissioners may reserve an
easement for public utility purposes within the right-of-way of any
road absolutely abandoned and discontinued under this section and
may, by resolution, extinguish any easement so reserved whenever
the easement ceases to be used for public utility purposes.
(12) If interest in the property is conveyed or control over
the property is relinquished to a local unit or this state under
subsection (8), the local unit or this state, as applicable, shall
operate and maintain the property so as to prevent and eliminate
garbage and litter accumulation, unsanitary conditions, undue
noise, and congestion as necessary.
(13) If a person shows substantial noncompliance with the
requirements of subsection (12), the circuit court may order the
local unit or this state to close the road ending in a manner to
prevent ingress and egress to the body of water for a period of up
to 30 days.
(14) If a person shows substantial noncompliance with the
requirements of subsection (12) and the circuit court has
previously closed the road ending for up to 30 days under
subsection (13), the circuit court may order the local unit or this
state to close the road ending in a manner to prevent ingress and
egress to the body of water for 90 days.
(15) If a person shows substantial noncompliance with the
requirements of subsection (12) and the circuit court has
previously closed the road ending for 90 days under subsection
(14), the circuit court may order the local unit or this state to
close the road ending in a manner to prevent ingress and egress to
the body of water for 180 days.
(16) If a person shows substantial noncompliance with the
requirements of subsection (12) and the circuit court has
previously closed the road ending for 180 days under subsection
(15), the circuit court shall order the local unit or this state to
show cause why the road ending should not be permanently closed in
a manner to prevent ingress and egress to the body of water.
Subject to subsection (17), the circuit court shall permanently
close the road ending unless the local unit or this state shows
cause why the road ending should not be closed.
(17) After a road ending is closed under subsection (16), and
unless the property has been conveyed or relinquished to the
adjacent landowners under subsection (18), the local unit or this
state may petition the circuit court to reopen the road ending. The
circuit court may order the road ending reopened if the local unit
or this state presents a management plan to and posts a performance
bond with the circuit court, and the circuit court finds that the
management plan and performance bond are adequate to ensure
compliance with subsection (12).
(18) After a road ending is closed by the circuit court under
subsection (16), 1 or more of the adjacent landowners may petition
the circuit court to order the local unit or this state to convey
any interest in the property that the local unit or this state
holds to the adjacent landowners, or, if the interest is
nontransferable, to relinquish control over the property to the
adjacent landowners.
(19) Proceedings under subsection (13), (14), (15), or (16)
shall be initiated by application of 7 owners of record title of
land in the local unit who own land within 1 mile of the road
ending to the circuit court for the county in which the road ending
is located. The applicants in the proceedings under subsection
(13), (14), (15), (16), (17), or (18) shall give the persons
described in subsection (5) notice of the application by registered
mail.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.