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1 chapters · 299 sections in this title.
Mich. Comp. Laws § 280.1 Drain code of 1956; short title.
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Sec. 1. This act shall be known and may be cited as "the drain code of 1956".
Mich. Comp. Laws § 280.10 Drains; location; meetings; jurisdiction of commissioner; exception; payment of bonds or drain orders; deficiency.
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Sec. 10. Drains may be laid or extended into or along or from any lake or other body of water surrounded wholly or in part by a swamp, marsh or other low lands for the general purpose of drainage contemplated by this act, but not so as to impair the navigation of any navigable ri…
Mich. Comp. Laws § 280.101 Intercounty drainage districts; application; filing; signatures; eligibility.
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Sec. 101. (1) Before any action is taken on a petition to locate, establish, and construct a drain that will traverse lands in more than 1 county, or affect more than 1 county, an application must be filed with a commissioner having jurisdiction of any of the lands to lay out and…
Mich. Comp. Laws § 280.102 Intercounty drainage districts; copies; joint drainage board, meeting, time, location, notice.
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Sec. 102. (1) Within 20 days after an application is filed under section 101, the commissioner shall send a copy of the application by certified mail to the director of the department of agriculture and rural development and the drain commissioner of each county in which lands th…
Mich. Comp. Laws § 280.103 Chairperson of drainage board; disqualification of member; determination of practicability; survey.
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Sec. 103. (1) The director of the department of agriculture and rural development or a deputy selected by the director shall act as chairperson at the meeting of the drainage board under section 102. The drainage board shall consider the application to lay out and designate a dra…
Mich. Comp. Laws § 280.104 Surveyor; duties as to intercounty drain, delivery of papers to board; route.
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Sec. 104. The surveyor or engineer authorized to make the survey shall ascertain the size and depth of the drains, and shall preserve all minutes with reference thereto. He shall prepare plans, drawings and profiles thereof, together with a computation of the yards of earth to be…
Mich. Comp. Laws § 280.105 Order designating intercounty drainage district; contents, notice of filing, copies furnished commissioners; amendment of name or number of drain; costs.
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Sec. 105. (1) After considering the recommendations of the surveyor or engineer under section 104, the drainage board shall determine all of the following: (a) A designation for the drainage district, by name or number. (b) A description of the drainage district, which shall comp…
Mich. Comp. Laws § 280.106 Review of apportionment by arbitration board; claim for review; nomination and selection of board members; meeting; notice; election of chairperson and secretary; adjournment; findings.
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Sec. 106. If the drain commissioner of a county involved considers the apportionment between the counties to be unfair, the commissioner shall have the right to have the apportionment reviewed by an arbitration board to be composed of drain commissioners from unaffected counties …
Mich. Comp. Laws § 280.11 Easement; right of way; release of damages; recording.
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Sec. 11. Any easement, right of way or release of damages obtained in connection with any proposed drain or drains shall, following the expiration of 30 days after the day of review, be recorded in the office of the register of deeds: Provided, That in any drain proceeding in whi…
Mich. Comp. Laws § 280.12 Specification of time; directory or mandatory.
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Sec. 12. Except as provided in section 8, when a time is specified in this act in which the drain commissioner or a drainage board shall take a specified administrative action or a procedural step, the specification of time shall be considered directory and not mandatory and fail…
Mich. Comp. Laws § 280.121 Intercounty drains; petition to establish; filing, signatures; certificate of county treasurer; eligibility of signers; "municipality" defined.
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Sec. 121. (1) After an intercounty drainage district has been established and the order establishing the intercounty drainage district has been filed as provided in this act, a petition to locate, establish, and construct a drain may be filed with any commissioner having jurisdic…
Mich. Comp. Laws § 280.122 Drainage board; duties generally; voting; notice of meeting; affidavit of mailing; failure to receive notice; expense of notification; drainage board as board of determination; determination of necessity, order; liability for percentage of costs.
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Sec. 122. (1) Within 20 days after a petition to locate, establish, and construct an intercounty drain is filed under section 121, the drain commissioner shall notify by certified mail the drain commissioner for each county in which any part of the drainage district is located an…
Mich. Comp. Laws § 280.122a Judicial determination of drain necessity; filing of action.
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Sec. 122a. Whenever the drain board finds by majority vote of the whole number of members that the drain is or is not necessary, a person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a…
Mich. Comp. Laws § 280.123 Apportionment of benefits; assessment, correction, appeal.
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Sec. 123. (1) After securing the necessary property rights or interests as provided in this act, the drainage board shall determine the percentage of the whole cost of the drain to be apportioned to each county and shall include the determination in the final order of determinati…
Mich. Comp. Laws § 280.124 Meetings of drainage board to receive bids and review apportionment of benefits; notice.
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Sec. 124. After such apportionment shall have been made by each of the commissioners, the chairman of the drainage board shall prepare and have printed notice of a meeting to be held at some convenient place, not less than 20 days from the date of such notice, for the purpose of …
Mich. Comp. Laws § 280.125 Meetings of drainage board; review, appeal, computation of costs.
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Sec. 125. At such meeting the respective commissioners shall hear the proofs and allegations offered and shall reconsider and review the descriptions of land in that county forming a part of the drainage district, the apportionment of benefits, and define and equalize the same as…
Mich. Comp. Laws § 280.126 Construction of drain; receipt of bids and letting of contracts; abandonment of petition; order; notice.
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Sec. 126. At the time and place fixed in said notice, or at an adjourned date, the drainage board shall receive bids and let contracts for the construction of the drain in the manner prescribed in chapter 9, being sections 221 to 223. If no contract shall be let within 5 years af…
Mich. Comp. Laws § 280.127 Releases of right of way and damages.
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Sec. 127. Within 60 days next succeeding the entry of the first order of determination the said commissioners shall within their respective counties endeavor to secure from the owner of each parcel or tract of land which would be traversed or damaged by said proposed drain a rele…
Mich. Comp. Laws § 280.128 Condemnation proceedings; obtaining right-of-way, easement, or other property interest.
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Sec. 128. If any person whose lands would be traversed or damaged by a proposed drain has not executed a release of the right-of-way, the drainage district may institute condemnation proceedings to obtain the necessary right-of-way, an easement, or other property interest pursuan…
Mich. Comp. Laws § 280.130 Computation of construction cost; certification of special assessment rolls, filing; levy and collection of taxes.
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Sec. 130. The commissioners of each county affected shall within the time limited in chapter 11, being sections 261 to 280, inclusive, of this act, and in the manner therein prescribed compute the cost of construction of said drain, prepare and certify the special assessment roll…
Mich. Comp. Laws § 280.131 Drain record; certified copies furnished other commissioners, filing.
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Sec. 131. A full record of such drain shall be made and entered by the several commissioners in the drain record books of their respective counties, and a certified copy of all the papers relative to the construction of such drain shall be delivered to the other commissioners by …
Mich. Comp. Laws § 280.132 Drainage bonds; issuance; terms; deposit of money; disposition.
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Sec. 132. If it is determined that the assessments shall be collected in more than 2 installments, the drainage board, acting on behalf of the drainage district, may borrow money and may issue bonds in the manner provided for drains lying wholly within 1 county. The bonds shall b…
Mich. Comp. Laws § 280.133 Interstate drain; application and petition, drainage district, proceedings; release of right of way, obstruction agreement.
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Sec. 133. Whenever any proposed drain lies wholly or partly in an adjoining state, or the lands to be drained thereby lie partly in an adjoining state, application to lay out a drainage district and a petition for the construction of such drain may be made to any commissioner rep…
Mich. Comp. Laws § 280.134 Intercounty drain; venue of actions; appointment of outside circuit judge.
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Sec. 134. Any action involving intercounty drains, 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 is located: Provided, That on request by any party to said action m…
Mich. Comp. Laws § 280.135 County or intercounty drain; extension into county not in original drainage district; adding to or removing lands from district; procedure; apportionment of cost; order.
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Sec. 135. (1) If at any time after a county or intercounty drain is constructed, it appears that it is necessary to extend the drainage district into a county that was not a part of the original drainage district or to remove lands from the original drainage district resulting in…
Mich. Comp. Laws § 280.151 Final order of determination; filing; contracts for sections or whole; apportionment of costs, benefits; review, appeal.
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Sec. 151. Upon the release of the right of way and damages, or upon the determination and return of the special commissioners, the commissioner shall make his final order of determination establishing the drain, which drain shall be divided into convenient sections for the lettin…
Mich. Comp. Laws § 280.152 Apportionment of benefits; description of lands.
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Sec. 152. All apportionments of benefits under the provisions of this act shall be upon the principle of benefits derived. All descriptions of land under the provisions of this act shall be made by giving the legal subdivision thereof, whenever practicable, and when the tract of …
Mich. Comp. Laws § 280.153 Order to contain description of special assessment district; designation.
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Sec. 153. Such order of determination shall contain a description of the district to be assessed for benefits in the construction of said drain, either by boundaries or by description of the several tracts or parcels of land to be assessed, which said tracts or parcels and the co…
Mich. Comp. Laws § 280.154 Advertisement for receipt of bids and review of apportionment of benefits; publication and mailing of notice; affidavit of mailing; failure to receive notice; contents of notice; posting on internet; computation of cost; adjournment; review; appearances; duty of county drain commissioner; apportionment of benefits against state trunk line highway; notices; review; finality.
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Sec. 154. (1) The drain commissioner shall advertise for the receipt of bids for the construction of a drain at a specified time, date, and location. If the drain commissioner directly or indirectly maintains an official internet presence, the drain commissioner shall post the ad…
Mich. Comp. Laws § 280.155 Bids; appeal; application for board of review, bond.
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Sec. 155. The owner of any land in the drainage district or any city, township, village, district or county having control of any highway which may feel aggrieved by the apportionment of benefits so made by the commissioner, may, within 10 days after the day of review of such app…
Mich. Comp. Laws § 280.156 Bids; board of review, appointment, meeting, time, notice, duties.
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Sec. 156. The probate court upon receipt of any such application as hereinbefore provided for shall forthwith notify the commissioner in writing of such appeal, and shall thereupon make an order appointing 3 disinterested and competent freeholders of such county, not residents of…
Mich. Comp. Laws § 280.157 Board of review; duties generally; changes in apportionment; added lands; adjournment; notice; action and decision.
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Sec. 157. The board of review shall proceed at the time, date, and place specified in the notice to hear the proofs and allegations of the parties in respect to an appeal, shall proceed to view the lands benefited by the drain and shall review the apportionments made by the commi…
Mich. Comp. Laws § 280.158 Appeal cost and expenses; liability on bond.
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Sec. 158. In case the apportionment of the commissioner shall be sustained by such board of review the appellant shall pay the whole costs and expenses of such appeal. Such costs and expenses shall be ascertained and determined by the judge of probate, and if not paid the appella…
Mich. Comp. Laws § 280.159 Board of review; vacancies, adjournment.
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Sec. 159. Should any or all of the persons so appointed as a board of review neglect or refuse to serve or be unable to act, the commissioner shall adjourn the hearing for a sufficient length of time, not exceeding in all 10 days, to enable him to apply to the probate court, for …
Mich. Comp. Laws § 280.160 Liability for costs; only one board of review, adjournment.
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Sec. 160. In case the apportionment made by the commissioner is sustained, the individual, county, township, city or village appealing shall be severally liable for all costs incurred by such appeal and the same proceedings shall be had throughout in all respects in said appeal a…
Mich. Comp. Laws § 280.161 Certiorari to review drain proceedings and taxes; issues of fact, costs, postponement of proceedings.
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Sec. 161. The proceedings in establishing any drain and levying taxes therefor shall be subject to review on certiorari as herein provided. A writ of certiorari for any error occurring before or in the final order of determination shall be issued within 10 days after a copy of su…
Mich. Comp. Laws § 280.162 Village or city; incorporation or annexation; reapportionment of cost of drain.
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Sec. 162. Whenever a village or a city is incorporated out of the territory of a township, or whenever annexations are made to a city or a village from a township, the township, city or village by action of its governing body may petition the drain commissioner in case of a count…
Mich. Comp. Laws § 280.191 County drains; maintenance and improvements; petition; determination of necessity; apportionment.
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Sec. 191. (1) If a drain or portion of a drain traverses lands wholly in 1 county, if lands only in 1 county are subject to assessment, and if the drain needs cleaning out, relocating, widening, deepening, straightening, tiling, extending, or relocating along a highway, requires …
Mich. Comp. Laws § 280.192 Intercounty drain; cleaning out; petition; drainage board; procedure.
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Sec. 192. (1) If a drain or portion of a drain traverses lands in more than 1 county or lands in more than 1 county are subject to assessments and if the drain needs cleaning out, relocating, widening, deepening, straightening, tiling, extending, or relocating along a highway, re…
Mich. Comp. Laws § 280.193 Drains; apportionment for cleaning, widening, deepening, straightening, and extending; review; notice; consolidated districts.
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Sec. 193. All apportionments hereunder shall be made according to the benefits received and shall be subject to appeal the same as in the first instance. In case the apportionment shall be the same as the last recorded apportionment, no day of review shall be necessary. In case t…
Mich. Comp. Laws § 280.194 Petitions and proceedings; description of drain, relief drains.
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Sec. 194. In any petition filed under this chapter it shall not be necessary for the petitioners to describe said drain other than by its name or to describe its commencement, general route and terminus. For any work necessary to be done in cleaning out, widening, deepening, stra…
Mich. Comp. Laws § 280.195 Further right of way; damages.
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Sec. 195. In case it shall be necessary to secure further right of way and allow damages therefor, for any work contemplated by this chapter, the commissioner shall take all the necessary steps to obtain such right of way as are prescribed by chapter 4, being sections 71 to 84, i…
Mich. Comp. Laws § 280.196 Inspection of county and intercounty drains; deposits in drain fund; expenditures for inspection, repair, and maintenance of drain; assessment; resolution approving expenditure of additional amounts; reassessment; notice; affidavit of mailing; failure to receive notice; assessment according to benefits received; determination of maximum assessment; emergency condition; excess expenditures upon request of public corporation; costs and bids where work performed by federal agency or public corporation; salaries, expenses, and benefits of certain employees.
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Sec. 196. (1) A drain may be inspected annually. In addition, a drain shall be inspected upon the request of the governing body of a public corporation, as described in section 461, served in whole or in part by the drain. Any inspection under this subsection shall be conducted b…
Mich. Comp. Laws § 280.196a Drain not established under act; removal of debris from watercourse; conditions; permission from property owner; costs.
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Sec. 196a. Notwithstanding other provisions of this act, a drain commissioner or drainage board may remove ice, fallen trees, logjams, or other debris on a watercourse that is not a drain established under this act if, upon inspection, a licensed professional engineer has determi…
Mich. Comp. Laws § 280.197 Surveying drain and reviewing district boundaries, laying out revised district, or making profiles, plans, or estimates of work; retaining services of surveyor or engineer; filing data; revision of boundaries of drainage district; adding or removing lands; meeting of drainage board; order; findings; notice for review; contents; mailing; affidavit; publication; action by landowner.
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Sec. 197. (1) Upon receipt of a petition filed under this chapter, the drain commissioner or the drainage board may retain the services of a licensed professional surveyor or engineer to make a survey of the drain and may review the drainage district boundaries, or a portion of t…
Mich. Comp. Laws § 280.198 Drain taxes; subsequent assessment.
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Sec. 198. The assessment, collection and return of drain taxes for any work done under this chapter shall be made in the same manner and under the same provisions as in this act provided for drain taxes assessed, collected, returned and enforced in the first instance: Provided, T…
Mich. Comp. Laws § 280.199 Cleaning out drain; apportionment of cost; use of surplus in drain fund.
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Sec. 199. In case the necessity for cleaning out any drain arises from the act or neglect of any land owner, said act or neglect shall be taken into consideration by the commissioner in making the apportionment. In case the cost of cleaning out shall be lessened by the tiling of …
Mich. Comp. Laws § 280.2 Drains; location, establishment, construction, maintenance, and improvements; petition.
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Sec. 2. Drains including branches may be located, established, constructed and maintained, and existing drains, creeks, rivers and watercourses and their branches, or tributaries whether located, established and constructed by a county drain commissioner or drainage board or by a…
Mich. Comp. Laws § 280.200 Cleaning out drain; cost of maintenance and repair; public contracts.
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Sec. 200. In lieu of assessing the cost of the maintenance and repair of any drain to parcels of land in the drainage district within any city, village, township, charter township or county, the commissioner or drainage board may contract relative to such cost with any city, vill…
Mich. Comp. Laws § 280.201 Entering property for excavation or tree removal; notice; exception.
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Sec. 201. (1) At least 7 days before entering property for any excavation or tree removal to be performed under this chapter, the drain commissioner or drainage board shall mail notice of the expected entry by first-class mail to the property owner. (2) Subsection (1) does not ap…