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1 chapters · 299 sections in this title.
Mich. Comp. Laws § 280.305 Revolving drain fund; transfer to particular drain fund of moneys under former law, use.
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Sec. 305. When the moneys for the revolving fund shall have been appropriated, the county treasurer shall immediately transfer back to each particular drain fund any unexpended moneys due in such fund then on hand and carried in any revolving fund by virtue of any pre-existing la…
Mich. Comp. Laws § 280.306 Revolving fund; expenditures or obligation before completion of improvement; report to county board of commissioners; apportionment.
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Sec. 306. If revolving fund money has been expended or a drainage district is obligated to pay expenses for engineering, legal, or administrative services or to pay principal and interest on notes, by action of the drain commissioner, and if an improvement has not been completed …
Mich. Comp. Laws § 280.307 Revolving fund; expenditures or obligation before completion of improvement; intercounty drainage district, apportionment; recovery of money.
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Sec. 307. (1) The drainage board shall apportion the cost between counties if revolving fund money has been expended or a drainage district is obligated to pay expenses for engineering, legal, or administrative services or to pay principal and interest on notes and if any of the …
Mich. Comp. Laws § 280.31 List of drainage districts assessed for maintenance work; annual report and financial statement to county board of commissioners; reports and information required by director of department; liability on bond.
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Sec. 31. (1) A drain commissioner shall prepare a list of drainage districts that are assessed for maintenance work under section 196. The list shall include the name of the drain and the amount being assessed annually to the drainage district. A drainage district shall be includ…
Mich. Comp. Laws § 280.32 Drain commissioner; social security; agreement for coverage; appropriation.
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Sec. 32. The board of supervisors of each county having a drain commissioner may adopt a resolution authorizing the county to enter into an agreement with the secretary of health, education and welfare pursuant to the provisions of Act No. 205 of the Public Acts of 1951, as amend…
Mich. Comp. Laws § 280.321 Drains in public highways; permit; release of right of way.
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Sec. 321. Drains may be laid within or across the right of way of any highway, provided it shall be necessary for the county drain commissioner to obtain first a permit from the highway authority having jurisdiction. If title in fee simple be not in the highway authority, said co…
Mich. Comp. Laws § 280.322 Drains in public highways; cost of construction; contract; maintenance, bridges or culverts to farms.
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Sec. 322. When any drain crosses a highway, the necessary bridge or culvert shall be constructed on the center line of the highway as located by survey, and in accordance with plans and specifications which shall be approved by the county road commission having jurisdiction, or b…
Mich. Comp. Laws § 280.322b Drains; highways, crossing; expenses.
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Sec. 322b. If any person desires during construction or reconstruction of a highway to install a drain for agricultural benefits in lands adjacent to any highway, and if a satisfactory outlet cannot be secured on the upper side of the highway right of way and the drain must be pr…
Mich. Comp. Laws § 280.323 Drains along public highways; consent; disposition of materials; apportionment against state trunk line highway; payment of assessment; certificate of amount due; drains constructed prior to 1923.
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Sec. 323. Before a drain is constructed along a public highway, the drain commissioner or drainage board shall consult with and obtain the written consent of the highway authorities having jurisdiction over the highway, as to the proposed location of the drain and the disposition…
Mich. Comp. Laws § 280.324 Drainage across lands adjacent to highways; right of way; approval of purchase.
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Sec. 324. Whenever it is necessary or more convenient for the proper drainage of any highway in this state that the surplus water be taken onto or across the land adjacent thereto, the county road commission of the county in which said highway is situated may secure the right of …
Mich. Comp. Laws § 280.325 Cost to township for highway drainage; report by county road commission, drain fund.
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Sec. 325. The county road commission shall report to the electors of the township at their annual meeting the amount of money expended by him during the year for such highway drainage, specifying the amount expended on each drain. The commission shall also recommend the raising o…
Mich. Comp. Laws § 280.326 Construction report; restriction on county road commission.
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Sec. 326. On the completion by the county road commission of any drain constructed under the provisions of this act, it shall be the duty of said county road commission to file in the office of the drain commissioner a detailed report of the construction of such drain, giving the…
Mich. Comp. Laws § 280.327 Construction or maintenance of highway; county or intercounty drain; application or petition, procedure, jurisdiction, and authority of county drain commissioner or drainage board; meeting to be held by director of department of agriculture and rural development; determination.
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Sec. 327. (1) If it is necessary for the construction or maintenance of any highway to take the surplus water across adjacent lands, any of the following may submit an application or petition to the drain commissioner of the county or counties in which the highway is situated to …
Mich. Comp. Laws § 280.328 Forwarding engineering plans to drain commissioner.
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Sec. 328. Before the department of state highways may commence the construction of a state highway, the engineering plans of the state highway relative to county drains shall be forwarded to the drain commissioner of each county where the state highway is to be constructed.
Mich. Comp. Laws § 280.33 Salary of commissioner, deputy commissioners, clerks, and employees; payment from general fund; drain maintenance employees; hiring, status, and compensation; reimbursement of county general fund by drain districts; waiver.
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Sec. 33. (1) The salary of the commissioner, deputy commissioners, and clerks and employees of the drain commissioner's office shall, except as otherwise provided in this act, be paid from the general fund of the county in the same manner and at the same time as other county empl…
Mich. Comp. Laws § 280.341 Drains along railroad; release of right of way; consent.
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Sec. 341. Drains may be laid along the line of any railroad within its right of way: Provided, That such drain shall not be to the injury of the roadbed. Whenever it is proposed to construct a drain along the line, and within the right of way of any railroad, and the company owni…
Mich. Comp. Laws § 280.342 Drains across public utility right of way; mandamus to compel opening; costs.
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Sec. 342. Whenever it is necessary to lay out and establish, deepen or widen, or both, or extend or straighten a drain across the right of way or roadbed of any railroad, railway, telephone, telegraph, dam, electric, water, oil, gas or other power company, the same proceedings sh…
Mich. Comp. Laws § 280.343 Violation of act; penalty.
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Sec. 343. In case such railroad company shall refuse or neglect to comply with the provisions of section 342, it shall be liable to a penalty of $10.00 for each day's refusal or neglect to make such opening and construct such culvert.
Mich. Comp. Laws § 280.351 Dams in drains to control flow, water levels and seepage; removal of drainage by pumps.
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Sec. 351. Established drains may be improved for the benefit of those whose lands were improved by the original construction of such drain, by the construction, operation and maintenance of dams in drains to control flow, water levels and seepage and to provide for the removal of…
Mich. Comp. Laws § 280.352 Dams in drains; petition, signers, contents, examination, finding.
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Sec. 352. When it appears upon the written petition of a number of freeholders in the drainage district equal to 50% of the number of freeholders whose lands are traversed by said drain from the point where said dam or dams are located to the upper terminus, that such improvement…
Mich. Comp. Laws § 280.353 Dams in drains; first order of determination, contents.
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Sec. 353. If such commissioner determines such improvement, as set forth in the petition, to be practicable and a necessity to properly drain such lands, or to protect rights in lands, or for the purpose of irrigation to be conducive to the public health, convenience or welfare, …
Mich. Comp. Laws § 280.354 Dams in drains; construction contract with owners of lands benefited; default, contract for completion, costs and expenses.
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Sec. 354. If at any time after the commissioner has issued his first order of determination declaring such improvement to be necessary, and before the letting of any contract for constructing the same, all of the owners of the land through which or for the benefit of which such d…
Mich. Comp. Laws § 280.355 Dams in drains; supervision of work; governing provisions.
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Sec. 355. All work done under the provisions of this act shall be under the supervision of the commissioner. All the provisions of this act relative to proceedings after the filing of petition for the determination of the necessity, institution of condemnation proceedings and pro…
Mich. Comp. Laws § 280.356 Dams in drains; intercounty drains; governing provisions.
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Sec. 356. Each and every act required by the foregoing sections of this chapter to be done and performed by the commissioner shall be done and performed by the drainage board where the petition for the establishment of such dam relates to or affects drains traversing more than 1 …
Mich. Comp. Laws § 280.381 Disqualification of commissioner; petition filed with probate judge.
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Sec. 381. Whenever the commissioner of any county shall receive a petition asking for the laying out, construction, cleaning out, deepening or widening of any drain, or a petition asking proceedings by virtue of which any assessment upon lands for benefits received would result, …
Mich. Comp. Laws § 280.382 Disqualification of commissioner; appointment of disinterested commissioner; duties as to county drain.
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Sec. 382. Upon receiving such petition and certificate aforesaid, the judge of probate shall, within not less than 15 days, appoint a disinterested commissioner of an adjoining or nearby county to make the apportionment of benefits on said drain. It shall be the duty of said disi…
Mich. Comp. Laws § 280.383 Disqualification of commissioner; appointment in case of intercounty drain.
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Sec. 383. In the case of a drain affecting more than 1 county, and any commissioner shall be disqualified to make the apportionments thereon, a commissioner for the county shall be appointed in the manner herein provided, with powers and duties mentioned in this act.
Mich. Comp. Laws § 280.384 Disinterested commissioner; salary and expenses, assessment.
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Sec. 384. The salary of the commissioner so appointed, which shall be the same as that received by him from the county of which he is commissioner, together with all expenses actually and necessarily incurred by him, shall be assessed against the drain in connection with which sa…
Mich. Comp. Laws § 280.391 Abandoned and vacated drains; procedure; private rights; new drain.
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Sec. 391. Any drain or part thereof which has ceased to be of public utility and is no longer necessary or conducive to the public health, convenience and welfare may be declared to be abandoned and vacated in the manner herein provided. Any 5 freeholders of lands in a drainage d…
Mich. Comp. Laws § 280.392 Abandoned and vacated drains; notices; disposal of money in drain funds.
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Sec. 392. Whenever any drain shall have been declared vacated and abandoned, as provided in section 391, it shall be the duty of the commissioner to serve notice thereof forthwith upon the county treasurer of the county or counties in which the drainage district, or any portion t…
Mich. Comp. Laws § 280.393 Abandoned and vacated drains; duties of township treasurer in distribution of funds.
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Sec. 393. Upon receiving such money, and the accompanying statement, if required to be furnished hereby, the township treasurer shall give his receipt therefor to the county treasurer. He shall also serve notice upon each person, firm or corporation who, as shown by the records o…
Mich. Comp. Laws § 280.394 Abandoned and vacated drains; disposal of funds, payments by township treasurer.
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Sec. 394. In case any person who might be entitled to be paid any sum of money in accordance with this act because of a special assessment or tax paid by him for the construction of such drain shall have died, payment as aforesaid shall be made to his personal representatives or …
Mich. Comp. Laws § 280.395 County or intercounty drain; transfer of jurisdiction and control; conditions; approval; transfer of drain fund.
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Sec. 395. (1) The county drain commissioner or the intercounty drainage board may relinquish to a county, township, city, village, authority, or board of county road commissioners or to the state transportation department jurisdiction and control of all or part of any county or i…
Mich. Comp. Laws § 280.396 Transfer of drain project to county department of public works.
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Sec. 396. In any county which has established a department of public works under the provisions of Act No. 185 of the Public Acts of 1957, being sections 123.731 to 123.786 of the Compiled Laws of 1948, the drain commissioner, if in his judgment any project in process of completi…
Mich. Comp. Laws § 280.4 “Commissioner,”“drain commissioner,” or “county drain commissioner” defined.
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Sec. 4. As used in this act, "commissioner", "drain commissioner", or "county drain commissioner" means the elected county drain commissioner or the person or persons designated to perform the duties of the elected county drain commissioner as provided in sections 21 and 21a.
Mich. Comp. Laws § 280.421 Obstructions; removal; expenses, notice; livestock; criminal complaint.
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Sec. 421. Whenever any person shall obstruct any established drain, it shall be the duty of the commissioner to cause such obstruction to be removed. Any lessening of the area of a drain, which area shall be a cross section of the drain, shall be deemed to be an obstruction. The …
Mich. Comp. Laws § 280.422 Obstructions; public utility companies; removal, mandamus.
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Sec. 422. Railroad or railway companies, telephone, telegraph, or pipeline companies and other utilities shall not obstruct established drains, nor shall they lessen the area of any drain through their track bed or right of way. The area herein referred to is a cross section of t…
Mich. Comp. Laws § 280.423 Discharge of certain sewage or waste matter into drains prohibited; construction to purify flow; petitions; order of determination; findings; construction of drain; plans and specifications; contracts; costs; review; acquisition of land; application and fee for sewer connections; powers of drain commissioner or drainage board; failure to comply with section; violation as misdemeanor; fine; “person” defined.
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Sec. 423. (1) A person shall not continue to discharge or permit to be discharged into any county drain or intercounty drain of the state any sewage or waste matter capable of producing in the drain detrimental deposits, objectionable odor nuisance, injury to drainage conduits or…
Mich. Comp. Laws § 280.424 Inadequate disposal or filtration plant; abatement of nuisance; estimate of annual cost; appeal; notice; posting; review of apportionment; board of review; meeting; proceedings; determination; payment; assessment; water rates.
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Sec. 424. Whenever a disposal plant, filtration plant or other mechanical device to purify the flow of such drain or sewer has been heretofore constructed, but is inoperative or improperly operated and, in the opinion of the state commissioner of health, the public health is enda…
Mich. Comp. Laws § 280.425 Petition to construct open or closed drain; permission of commissioners or drainage board; consent of landowners; expense; time and manner of construction; protection of drain entrance; signature of applicant or petitioner; tiling source of drain or open drain; permit to tile established drain.
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Sec. 425. A landowner in the drainage district whose land requires additional drainage may petition the commissioner for permission to construct an open or closed drain, or a combination thereof, to a regularly established drain, and permission shall be granted by the commissione…
Mich. Comp. Laws § 280.426 Drain orders received for drain taxes.
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Sec. 426. The drain orders issued for each particular drain shall be received for drain taxes for benefits levied for the construction of such drain by the township treasurer or county treasurer, as the case may be.
Mich. Comp. Laws § 280.427 Corporation or land contract vendee as freeholder; corporate agent or officer as signer of petition.
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Sec. 427. In any application or petition required to be filed under this act, a freeholder shall be deemed to include a corporation owning land and a vendee under land contract, where such contract is of record in the office of the register of deeds of the county, or where the la…
Mich. Comp. Laws § 280.428 Drainage district including state lands; assessment, payment.
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Sec. 428. If any drain commissioner shall receive an application to lay out a drainage district which will include land owned by the state of Michigan, or owned or controlled by any state institution, board or agency, said commissioner shall serve notice of apportionment of benef…
Mich. Comp. Laws § 280.429 Flood control projects; easements to United States; approval.
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Sec. 429. Subject to the consent and approval of the several boards of supervisors of this state and the boards of supervisors of the counties comprising intercounty drainage districts, the several county drain commissioners and the drainage boards of intercounty drainage distric…
Mich. Comp. Laws § 280.430 Sanitary sewage; contracts for use of drains; charges; lien; cost included in charges.
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Sec. 430. (1) Whenever any county or intercounty drain is used for the transportation of sanitary sewage, the county or counties within whose boundaries the drainage district lies may contract under the provisions of Act No. 129 of the Public Acts of 1943, as amended, being secti…
Mich. Comp. Laws § 280.431 Contracts for drain projects; federal government; public corporations; relief from assessments; flood control projects; conservation and utilization of soil and water; “public corporation” defined.
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Sec. 431. The drain commissioner or drainage board may contract or make agreements with the federal government, including 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…
Mich. Comp. Laws § 280.432 Obstruction of drain commissioner; drainage board or agents; misdemeanor.
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Sec. 432. Whoever, after the drain commissioner has given notice by first class mail, that the drain commissioner, drainage board or their agents will go upon lands for any purpose hereinafter set forth, to the owner of the land whose name appears on the last city or township tax…
Mich. Comp. Laws § 280.433 Enlargement of drainage district; agreement; construction and cost of drainage facilities; certificate of registered professional engineer; payment of excess amount and pro rata equitable share; liability of added lands for assessments; dedication, conveyance, or transfer of drain facilities and property; extension of drain; notice of agreement; procedure for establishment of existing private drain; deposit; special drain fund.
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Sec. 433. (1) An existing intracounty or intercounty drainage district may be enlarged and the drain located in the district may be extended or have branches added to provide drainage service to lands not originally within the boundaries of the drainage district by agreement betw…
Mich. Comp. Laws § 280.434 Drain project; construction or studies; borrowing money or accepting advances; reimbursement; contract or note as evidence of obligation; full faith and credit; source of payments; applicability of section.
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Sec. 434. (1) A drainage district may borrow money or accept an advance of work, material, or money from a public or private corporation, partnership, association, individual, or the federal government or any agency of the federal government for any of the following for any proje…
Mich. Comp. Laws § 280.435 Financing of flood control or drainage projects; contract or agreement with federal government; payments and purposes; determination of necessity; notes or bonds; issuance subject to revised municipal finance act.
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Sec. 435. (1) The drain commissioner or drainage board may contract or make agreements with the federal government, or any agency of the federal government, for the financing of a flood control or drainage project or combination of these including the conservation and utilization…