Bill Text: MI HB4793 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Drains; other; provisions superseded by uniform condemnation procedures act; eliminate. Amends secs. 75 & 128 of 1956 PA 40 (MCL 280.75 & 280.128) & repeals secs. 76 - 84, 86 - 88 & 129 of 1956 PA 40 (MCL 280.76 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-12-31 - Assigned Pa 262'13 With Immediate Effect 2013 Addenda [HB4793 Detail]
Download: Michigan-2013-HB4793-Chaptered.html
Act No. 262
Public Acts of 2013
Approved by the Governor
December 21, 2013
Filed with the Secretary of State
December 30, 2013
EFFECTIVE DATE: December 30, 2013
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2013
Introduced by Rep. Pscholka
ENROLLED HOUSE BILL No. 4793
AN ACT to amend 1956 PA 40, entitled “An act to codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,” by amending sections 75 and 128 (MCL 280.75 and 280.128); and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 75. 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 pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.
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 pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.
Enacting section 1. Sections 76 to 84, 86 to 88, and 129 of the drain code of 1956, 1956 PA 40, MCL 280.76 to 280.84, 280.86 to 280.88, and 280.129, are repealed.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
