Bill Text: MI HB4793 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Drains; other; provisions superseded by uniform condemnation procedures act; eliminate.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-Engrossed.html
HB-4793, As Passed House, October 15, 2013
HOUSE BILL No. 4793
May 30, 2013, Introduced by Rep. Pscholka and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
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 all persons any
person whose lands would be
traversed
or damaged by the a proposed drain or drains shall has
not
have executed a release of the right-of-way, and
all damages on
account
thereof, within 60 days after the entry of the first order
of
determination, the commissioner shall, as soon as practicable,
make
application to the probate court of the county in which such
lands
are situated, for the appointment of 3 special commissioners,
who
shall be disinterested resident freeholders of the county, but
not
of the township or townships affected by such drain, to
determine
the necessity for the taking of private property for the
use
and benefit of the public, and the just compensation to be made
therefor.
Such application shall be in writing, and shall set
forth:
First,
The fact that a petition for a drain was made and when,
filing
with said court a certified copy of such petition, also
giving
the route, survey and specifications of said drain as set
forth
in the first order of determination;
Second,
That an order determining the necessity for such drain
was
made by the commissioner or drainage board, giving the time
when
such order was made, in accordance with such route, survey and
specification,
as above set forth;
Third,
(1) The several descriptions or tracts of land with the
names
of the owner or owners of every such tract who have refused
or
neglected to execute a release of right of way and damages in
any
way arising or incident to the opening or maintaining the said
proposed
drain (2) the several descriptions or tracts of land owned
by
any minor, incompetent person, unknown persons or nonresidents
of
the township or townships, the execution of a release of right
of
way and damages for which have been neglected or refused; (3) it
shall
not be necessary to set forth in said application to the
probate
court the names of the several owners nor the description
of
the several tracts or parcels of land liable to an assessment
for
benefits, in case the drain applied for should be located and
established,
except those who have not released the right of way
and
through whose lands the drain passes; nor shall the same be
included
in the citation issued from the probate court.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. In case all the persons whose lands are to be
traversed
or damaged by such drain or drains, as proposed in this
chapter,
shall not within 60 days after the issue of the first
order
of determination have voluntarily released the right of way
therefor,
and all damages on account thereof, the drainage board
shall
apply to the judge of probate of the county in which such
lands
are situated for the appointment of 3 special commissioners.
When
such application shall be made and when all papers shall have
been
found to be in conformity with the provisions of this act, the
court
to whom such application has been made shall, within 60 days
from
the filing of said application, appoint such special
commissioners
and shall deliver to each drain commissioner a
certified
copy of the order of the appointment of such special
commissioners.
Such special commissioners shall be resident
freeholders
of the county and not residents of the township or
townships
to be affected by the proposed drain in which they are
appointed.
All proceedings had in the appointment of special
commissioners,
the issuance of service of citations, hearings by
the
probate court and by the special commissioners and the return
of
special commissioners under the provisions of this chapter shall
be
similar to those provided in chapter 4, being sections 71 to 84.
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.
