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1 chapters · 299 sections in this title.
Mich. Comp. Laws § 280.51 County drainage districts; application, signers, eligibility, sufficiency; deposit for costs.
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Sec. 51. Before a commissioner takes any action on any application to locate, establish and construct any drain, there shall first be filed with him an application to lay out and designate a drainage district with reference to a proposed drain therein; such application shall tent…
Mich. Comp. Laws § 280.511 Definitions.
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Sec. 511. Whenever used in this chapter, except when otherwise indicated by the context: (a) "State" means this state. (b) "Public corporation" includes this state, counties, cities, villages, townships, metropolitan districts and authorities created by or pursuant to state statu…
Mich. Comp. Laws § 280.512 Public health; assessment against public corporations.
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Sec. 512. Intercounty drains which are necessary for the public health may be located, established and constructed under the provisions of this chapter where the cost thereof is to be assessed wholly against public corporations.
Mich. Comp. Laws § 280.513 Petition to locate, establish, and construct intercounty drain; determination; filing and contents of petition; notice; certified copy of resolution; authorizing execution; order of determination.
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Sec. 513. (1) Before filing a petition under this section, the legislative body of a public corporation shall first determine whether the drain project contemplated may necessitate the levy of a special assessment, fee, or charge under section 539. If the legislative body determi…
Mich. Comp. Laws § 280.514 Drainage board; membership; chairperson; appointee; exception.
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Sec. 514. (1) A drainage board is created for each project petitioned for under this chapter. Except as otherwise provided in subsection (3), the drainage board shall consist of the director of the department of agriculture and the drain commissioner of each county involved in th…
Mich. Comp. Laws § 280.515 Augmented drainage board; members, compensation; expenses.
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Sec. 515. There is created for each project petitioned for under the provisions of this chapter, an augmented drainage board to consist of the members of the drainage board together with the chairman of the board of supervisors and the chairman of the board of county auditors of …
Mich. Comp. Laws § 280.516 Minutes of meetings; secretary's duties, records, filing.
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Sec. 516. The secretary of the drainage board shall prepare and sign duplicate originals of the minutes of all proceedings of the drainage board and the augmented drainage board, one to be retained by him and the other to be filed with the director of agriculture. The originals o…
Mich. Comp. Laws § 280.517 Preliminary finding; first meeting of boards, time and place, notice, selection of secretary.
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Sec. 517. Upon receipt of a petition as hereinbefore provided, the director of agriculture shall make a preliminary finding of the counties which, in his opinion, include public corporations that should be assessed under the provisions of this chapter for the cost of the proposed…
Mich. Comp. Laws § 280.518 Meetings of drainage board or augmented drainage board; notice; quorum; action by board; signing of orders.
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Sec. 518. Meetings of the drainage board, or of the augmented drainage board, may be called by the chairperson or 2 members of the board, on notice sent by registered mail to each member. The notice shall be mailed not less than 10 days before the time of the meeting. A majority …
Mich. Comp. Laws § 280.519 Augmented drainage board; tentative determinations; naming drain and drainage district; composition of district; resolution; new meeting; objections; notice of hearing; final order of determination; eliminating or adding public corporation; further action by drainage board; correction or addition to proceedings.
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Sec. 519. The augmented drainage board, at its first meeting, shall consider the petition for the project and make a tentative determination as to the sufficiency of the petition and the practicability of the proposed drain, and further make a tentative determination of the publi…
Mich. Comp. Laws § 280.52 County drainage districts; practicability of drainage; survey, determination; tax delinquency.
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Sec. 52. Upon filing of such application for a new drainage district, the commissioner shall immediately cause a survey to be made by a competent surveyor or engineer to determine the area which would be drained by the proposed drain, and the route and type of construction of the…
Mich. Comp. Laws § 280.520 Plans, specifications, and estimate of cost; approval, adoption, and filing; route of drain; apportionment of costs; designation of area to be served; assumption of additional cost; altering or supplementing proceedings.
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Sec. 520. The drainage board shall secure from a competent engineer, plans, specifications, a route and course, and an estimate of cost of the proposed drain, which when approved and adopted by the board shall be filed with the secretary of the board. In approving the plans and s…
Mich. Comp. Laws § 280.521 Objections to apportionments; notice of hearing; confirmation or readjustment of apportionments; notice of rehearing; final order of apportionment.
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Sec. 521. After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear objections to the apportionments. Notice of the hearing shall be published twice in each county involved by inserting the notice in at l…
Mich. Comp. Laws § 280.522 Lands and rights of way; condemnation; procedure, federal government participation; prior agreement as to highways; costs.
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Sec. 522. The drainage board shall then proceed to secure the necessary lands or rights of way for the proposed drain. If the same cannot be secured by negotiation, then the drainage board may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as amended, bei…
Mich. Comp. Laws § 280.523 Contracts with federal government or corporations; bids.
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Sec. 523. The drainage board may contract with the federal government, which term as used in this section shall include any agency thereof, whereby the federal government will pay the whole or any part of the cost of the project or will perform the whole or any part of the work c…
Mich. Comp. Laws § 280.524 Designation of a county treasurer; deputies, bonds; expenditures.
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Sec. 524. The drainage board shall designate the treasurer of 1 of the counties involved as the treasurer for said board. He may designate 1 or more of his deputies who may act for him in the performance of any of his duties under this section. Such treasurer and any such deputy …
Mich. Comp. Laws § 280.525 Special assessment roll; preparation; estimated or actual costs; annual installments; interest; advance payment; spreading levy on county tax roll; altering or supplementing proceedings.
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Sec. 525. After the confirmation of the apportionments by the drainage board, the secretary of the board shall prepare a special assessment roll assessing the estimated cost of the drain, or if the actual cost has been ascertained, then the actual cost, against the several public…
Mich. Comp. Laws § 280.526 Special assessment roll; contents; approval; statement; certification to assessed public corporation; installments and interest; advances from county funds; notice; deduction; reimbursement; assessments against state; sufficiency of taxes; corrected roll; altering or supplementing proceedings.
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Sec. 526. The special assessment roll shall contain the name of each public corporation assessed, the total estimated cost of the project, or actual cost if the same has been ascertained at the time of the preparation of the roll, the percentage apportioned to each public corpora…
Mich. Comp. Laws § 280.527 Statutory or charter tax limitation inapplicable; rate or amount of taxes.
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Sec. 527. Taxes levied by a public corporation for the payment of assessments hereunder shall not be deemed to be within any statutory or charter tax limitation. Public corporations may impose taxes without limitation as to rate or amount for the payment of the assessments in ant…
Mich. Comp. Laws § 280.528 Bonds; issuance; maturity; mandatory redemption; signatures; collection of assessments.
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Sec. 528. The drainage board may issue 1 or more series of bonds for and on behalf of the drainage district, in anticipation of the collection of any or all installments of assessments, and pledge the full faith and credit of the drainage district for the prompt payment of the pr…
Mich. Comp. Laws § 280.529 Additional assessment; apportionment.
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Sec. 529. If for any reason the original assessments shall not be sufficient to pay the principal and interest on bonds issued in anticipation of the collection thereof, then the drainage board shall make such additional assessments therefor as may be necessary, apportioned as in…
Mich. Comp. Laws § 280.53 County drains; surveyor, duties; route.
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Sec. 53. The surveyor or engineer authorized to make the survey shall ascertain the size and depth of the drains and he shall preserve all minutes with reference thereto. He shall prepare preliminary plans, drawings and profiles thereof, together with a computation of the yards o…
Mich. Comp. Laws § 280.530 Drainage board; continuation; responsibility; expenses; relinquishment; moneys, disposition; consent.
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Sec. 530. (1) The drainage board for each project shall continue in existence with changes in personnel that result from changes in the offices of director of the department of agriculture and rural development and drain commissioners. The drainage board is responsible for the op…
Mich. Comp. Laws § 280.531 Advances by corporations; reimbursement.
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Sec. 531. Any public or private corporation, firm, or individual may advance money for the payment of any part of the cost of a project under this act, in which event it shall be reimbursed by the drainage district, with or without interest as may be agreed, when funds are availa…
Mich. Comp. Laws § 280.532 Venue of actions; appointment of circuit judge.
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Sec. 532. Any action arising from the provisions of this chapter except such actions as may be brought directly in the supreme court may be brought in the circuit court of any county in which any part of the intercounty drain involved is located: Provided, That on request by any …
Mich. Comp. Laws § 280.533 Costs; items.
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Sec. 533. The cost of any drain project shall include (1) the cost of constructing or acquiring the facilities, structures, devices and equipment required to locate, establish and construct the drain or to improve or supplement the same, including bridges and culverts and any lan…
Mich. Comp. Laws § 280.534 Deputy for director of agriculture; powers.
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Sec. 534. The director of agriculture may designate a deputy or an assistant to act in his stead in respect to the performance of his duties under this act. Where any deputy or assistant so acts, it shall be conclusively presumed that he was properly designated by the director of…
Mich. Comp. Laws § 280.535 Improvements or additions to drains for public health.
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Sec. 535. Any 1 or more intercounty drains or any portion thereof, now or hereafter existing, may be cleaned out, relocated, widened, deepened, straightened, extended, tiled, interconnected or otherwise improved, or branches added or connected thereto, when necessary for the publ…
Mich. Comp. Laws § 280.536 Certiorari; time; legal establishment of drain.
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Sec. 536. Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court except by proceedings in certiorari brought within 20 days after the filing of such order in the office of the secretary of the board issuing the same. …
Mich. Comp. Laws § 280.537 Procedures; incorporation of other chapters in drainage board orders.
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Sec. 537. In operating under the terms of this chapter, the several boards and officials shall not be limited by the provisions contained in other chapters of this act and the procedures required under the terms of such other chapters shall not be deemed to be applicable: Provide…
Mich. Comp. Laws § 280.538 New cities; service of notice on township clerk or de facto city officer.
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Sec. 538. Whenever a new city has been or shall be incorporated but such incorporation shall not have been completed by the adoption of a city charter, then any notice required by this chapter to be served upon the city clerk shall be served upon the clerk or clerks of the townsh…
Mich. Comp. Laws § 280.538a Land especially benefited by drain project; duties of legislative body; affidavit as conclusive proof of notice; meeting; powers of legislative body; reimbursement for pro rata share of costs.
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Sec. 538a. (1) If the legislative body of a public corporation which is subject to assessment under this chapter pursuant to apportionments made under this chapter, determines that a part of the land in the public corporation will be especially benefited by a proposed drain proje…
Mich. Comp. Laws § 280.539 Land especially benefited by drain projects; special assessment; resolution; preparation of special assessment roll; conduct of proceedings; objections; hearing in lieu of meeting; use of special assessment collections; reduction of annual levy; charges.
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Sec. 539. (1) Subject to the requirements of section 538a, if the legislative body of a public corporation, which has been assessed under this chapter, determines that a part of the lands in the public corporation will be especially benefited by the drain project to the extent of…
Mich. Comp. Laws § 280.54 Order designating county drainage district; contents; notice of filing; amendment of name or number of drain; procedure.
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Sec. 54. The commissioner shall prepare and file in his office his order designating a drainage district and give it a name or number and describe therein the boundaries of the district by streets or highways or parcels of land for each of the several tracts or parcels of land in…
Mich. Comp. Laws § 280.540 Relief drains.
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Sec. 540. When 2 or more public corporations, constituting as a whole contiguous territory, are served by 1 or more intercounty drains or by a combination of 1 or more intercounty drains and 1 or more county drains, and it is necessary for the public health to supplement such exi…
Mich. Comp. Laws § 280.541 River, creek, or watercourse; petition to inclusion in jurisdiction.
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Sec. 541. A petition meeting the requirements of this chapter as to petitioners, execution and filing may request, for reasons of public health, that jurisdiction be assumed over all or a specified part of the bed, tributaries, banks and flood plains of a river, creek or watercou…
Mich. Comp. Laws § 280.542 River, creek, or watercourse; petition; content, deposit to pay costs, filing; drainage board, hearing and notice.
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Sec. 542. The petitioners named in a petition filed pursuant to section 541, shall include therein an agreement to pay the amount of, or shall accompany the petition with a deposit in the amount of, the estimated cost of the planning and engineering required to describe in record…
Mich. Comp. Laws § 280.543 River, creek, or watercourse; board determination, final order, contents, recording, effect.
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Sec. 543. After the hearing, the augmented drainage board shall determine whether or not it will assume such jurisdiction and perform the work proposed, if any, and shall issue its order accordingly, which order shall be known as the "final order of determination". The final orde…
Mich. Comp. Laws § 280.544 River, creek, or watercourse; final order of determination; recording effect on private rights.
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Sec. 544. The recording of the description does not appropriate, terminate or lessen any private rights in property, real or personal, except such as shall be voluntarily released by written agreement or conveyance or as shall be condemned as provided in this chapter, or pursuant…
Mich. Comp. Laws § 280.545 River, creek, or watercourse; assessment of costs, hearing; powers.
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Sec. 545. Before any work, other than preparation of the description and the approval, adoption and recording of the same, is done or rights in or ownership of property are acquired by the drainage board, pursuant to any petition filed under section 541, the augmented drainage bo…
Mich. Comp. Laws § 280.546 Drainage board funds; investment of surplus, interest.
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Sec. 546. The drainage board may direct the treasurer of any drainage district to invest any surplus funds belonging to and under the control of the drainage board, in bonds and other direct obligations of the United States or in certificates of deposit or depository receipts of …
Mich. Comp. Laws § 280.547 Surplus construction funds; use; transfer; provisions of contract with public corporation; return of funds; applicability of MCL 280.547a; definition.
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Sec. 547. (1) The drainage board shall use any surplus construction funds remaining in the construction fund after completion of the project for the inspection, repair, and maintenance of the drain as provided in section 196 or shall authorize the transfer of the funds to the bon…
Mich. Comp. Laws § 280.547a Surplus construction funds; disposition; use.
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Sec. 547a. (1) After the construction of a county drain for which none of the financing is obtained through special assessments under section 539, the drainage board shall provide for an amount from surplus construction funds sufficient to inspect, repair, and maintain the drain …
Mich. Comp. Laws § 280.548 Pollution in intercounty drain; abatement; petition.
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Sec. 548. Whenever the water resources commission or successor agency has determined that pollution exists in an inter-county drain which services any city, village or township or any combination thereof and has issued an order of determination or permit to such public corporatio…
Mich. Comp. Laws § 280.549 Assessments against townships and villages.
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Sec. 549. Unless otherwise provided by the drainage board or the appropriate drain commissioner, assessments against a township shall be against the township as a whole, including any incorporated village, but the drainage board or the appropriate drain commissioner may determine…
Mich. Comp. Laws § 280.551 Water management; definitions.
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Sec. 551. Whenever used in this chapter, except when otherwise indicated by the context: (a) The term "state" shall be deemed to mean the state of Michigan. (b) The term "public corporation" shall be deemed to include the state of Michigan, counties, cities, villages, townships, …
Mich. Comp. Laws § 280.552 Water management; petition for flood control or drainage project, filing, signatures, contents, map.
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Sec. 552. Whenever it shall be necessary for the public health, safety or welfare to establish a water management district to undertake a project in all or part of 3 or more contiguous counties in this state for purposes of flood control or drainage, a petition therefor may be fi…
Mich. Comp. Laws § 280.553 Water management commission; members, appointment, compensation, expenses, approval of plans, orders and assessments.
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Sec. 553. There is created for each water management district petitioned for under the provisions of this chapter, a water management commission consisting of (a) the drain commissioner of each county within the district; (b) 1 representative of each county within the district, t…
Mich. Comp. Laws § 280.554 Water management board; members; terms; vacancy; qualifications; chairman; procedures; employees; treasurer; bond; secretary; audit.
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Sec. 554. (a) For each water management district created under the provisions of this chapter, there is also created a water management board, to consist of 5 members appointed by the water management commission for terms of 5 years each: Provided, That of the members first appoi…
Mich. Comp. Laws § 280.555 Water management commission or water management board; meetings; notice; quorum; adjournment; action by board; signing of orders; minutes of proceedings; records; meetings and records open to public.
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Sec. 555. This section shall pertain to either the water management commission or the water management board. Meetings may be called by the chairperson or 2 members of either body, upon notice sent by registered mail to each member. The notice shall be mailed not less than 10 day…