Bill Text: MI HB6324 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Drains: other; certain disclosures regarding drain projects; require. Amends secs. 71 & 121 of 1956 PA 40 (MCL 280.71 & 280.121).
Sponsorship: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced) 2026-09-15 - Bill Electronically Reproduced 09/01/2026 [HB6324 Detail]
Download: Michigan-2025-HB6324-Introduced.html
HOUSE BILL NO. 6324
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 71 and 121 (MCL 280.71 and 280.121), section 121 as amended by 2014 PA 551.
the people of the state of michigan enact:
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Sec. 71. (1) After a drainage district has been established and the order therefor establishing the draining district has been filed with the county drain commissioner, a petition to locate, establish, and construct a drain may be filed with the drain commissioner having jurisdiction of the lands designated in such
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the order as constituting the drainage district. Such The petition shall must ask for the location, establishment, and construction of the drain or drains, or any part thereof, of the drain or drains, as described in said the order. The
(2) Except as otherwise provided in subsection (5) and subject to subsection (3), the petition shall to locate, establish, and construct a drain under subsection (1) must be signed by a number of freeholders in said the drainage district whose lands would be liable to for an assessment for benefits, equal to 1/2 the number of freeholders whose lands would be traversed by the drain or drains applied for, or abut on the part of any highway or street along the side of which such the drain extends, between the point where such the drain enters such the highway and the point where it leaves such the highway and which lands are within the drainage district. Such The petition shall must be accompanied by a all of the following:
(a) A description of the land in said the drainage district owned by each signer. and by a
(b) The following written statement:
"If this petition is signed by a sufficient number of freeholders conferred a benefit by the proposed drain and the board of determination approves the proposed drain, the drain commissioner may automatically levy a special assessment on all freeholders of the drainage district without a vote, and the freeholders of the drainage district cannot stop the location, establishment, or construction of the proposed drain.".
(c) A certificate of the county treasurer as to payment of taxes and special assessments against such the lands. Such The certificate shall must be in substantially the following form:
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I hereby certify that there are no taxes or special assessments unpaid against any of the lands described in the annexed list according to the records of the county treasurer's office for the past 3 years, except as follows:
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Description |
Year |
Tax or assessment |
Amount |
|
............. |
........... |
...................... |
......... |
(3) The For purposes of determining the sufficient number of freeholders needed under subsection (2) for a petition to locate, establish, and construct a drain, the name of any signer as to whose land such the certificate under subsection (2) shows taxes or special assessments unpaid for 3 years shall must not be counted. The eligibility of the signers to such the petition shall must be determined by the drain commissioner according to their the drain commissioner's interest of record in the office of the register of deeds in the probate court or the circuit court of the county in which such the lands are situated at the time such the petition is filed. In determining the number of owners whose lands are traversed by such the drain, or abut thereon as hereinbefore prescribed, the drain as described in this section, the drain commissioner shall investigate the records of the register of deeds, of the probate court and of the circuit court of the county, and shall make diligent inquiry in the community, including inquiry of anyone in possession of all of such the lands so traversed by the drain or so abutting as to the ownership thereof. In lieu the drain, as to the ownership of the lands.
(4) Before obtaining a freeholder's signature under subsection (2) for a petition to locate, establish, and construct a drain, the individual soliciting the freeholder's signature may verbally notify the freeholder of how the petition, if approved, will be
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funded. The individual soliciting the freeholder's signature may also distribute a document to the freeholder containing all of the following:
(a) A flow chart detailing how the proposed drain will progress from start to finish.
(b) A copy of the written statement described in subsection (2)(b).
(c) Contact information of the individual to whom a freeholder may direct questions about the proposed drain.
(d) Information on where to find meeting notices related to the proposed drain.
(e) Instructions regarding how a freeholder may remove the freeholder's signature from the petition.
(5) Instead of a petition to locate, establish, and construct a drain signed by freeholders as aforesaid, under subsection (2), the petition may be signed solely by a city, village or township when duly a municipality if authorized by its governing body, or by any combination of such municipalities, if such the petitioning municipality or municipalities will be liable to for assessments at large for at least a percentage of the total amount to be assessed for the cost of the proposed drain. In the event of such a municipally signed petition, then the foregoing provisions of this section, other than the first 2 sentences thereof, shall not be applicable.A petition signed under this subsection is not subject to subsection (2), (3), or (4).
(6) As used in this section, "municipality" means a city, village, or township.
Sec. 121. (1) After an intercounty drainage district has been established and the order establishing the intercounty drainage
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district has been filed as provided in this act, a petition to locate, establish, and construct a drain may be filed with any drain commissioner having jurisdiction of any of the lands designated in the order as constituting the drainage district. The petition shall must ask for the location, establishment, and construction of the drain or drains, or any part of the drain or drains, as described in the order.
(2) Subject Except as otherwise provided in subsection (5) and subject to subsection (3), the petition to locate, establish, and construct a drain under subsection (1) shall must be signed by a number of freeholders in the drainage district, whose lands would be liable to for an assessment for benefits, equal to 1/2 of the number of freeholders whose lands would be traversed by the drain or drains applied for, or abut on the part of any highway or street along the side of which the drain extends, between the point where the drain enters the highway and the point where it leaves the highway and which lands are within the drainage district. The petition shall must be accompanied by a all of the following:
(a) A description of the land in the district owned by each signer. and by a
(b) The following written statement:
"If this petition is signed by a sufficient number of freeholders conferred a benefit by the proposed drain and the intercounty drainage board approves the proposed drain, a drain commissioner may automatically levy a special assessment on all freeholders under the drain commissioner's jurisdiction of the drainage district without a vote, and the freeholders of the drainage district cannot stop the location, establishment, or construction of the proposed drain.".
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(c) A certificate of the county treasurer as to payment of taxes and special assessments against the lands. The certificate shall must be in substantially the following form:
I hereby certify that there are no taxes or special assessments unpaid against any of the lands described in the annexed list according to the records of the county treasurer's office for the past 3 years, except as follows:
|
Description |
Year |
Tax or assessment |
Amount |
|
............. |
........... |
...................... |
......... |
(3) For purposes of determining the sufficient number of freeholders needed under subsection (2) for a petition under subsection (2), to locate, establish, and construct a drain, the name of any signer as to whose land the certificate under subsection (2) shows taxes or special assessments unpaid for 3 years shall must not be counted. The eligibility of the signers to the petition shall must be determined by their the signers' interest of record in the office of the register of deeds, in the probate court, or in the circuit court of the counties in which the lands are situated at the time the petition is filed. In determining the number of owners whose lands are traversed by the drain, or abut the drain, the drain commissioner shall investigate the records of the register of deeds, of the probate court, and of the circuit court of the county, and shall make diligent inquiry in the community, including inquiry of anyone in possession of all of the lands traversed by the drain or abutting the drain, as to the ownership of the lands.
(4) Before obtaining a freeholder's signature under subsection (2) for a petition to locate, establish, and construct a drain, the individual soliciting the freeholder's signature may verbally
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notify the freeholder of how the petition, if approved, will be funded. The individual soliciting the freeholder's signature may also distribute a document to the freeholder containing all of the following:
(a) A flow chart detailing how the proposed drain will progress from start to finish.
(b) A copy of the written statement described in subsection (2)(b).
(c) Contact information of the individual to whom a freeholder may direct questions about the proposed drain.
(d) Information on where to find meeting notices related to the proposed drain.
(e) Instructions regarding how a freeholder may remove the freeholder's signature from the petition.
(5) (4) In lieu Instead of a petition signed by freeholders under subsection (2), the petition to locate, establish, and construct a drain may be signed solely by a municipality, if authorized by its governing body, or by any combination of such municipalities, if each petitioning municipality will be liable to for assessment at large for public health for any part of the cost of the proposed drain. A petition signed under this subsection is not subject to subsection (2), or (3).(3), or (4).
(6) (5) As used in this section, "municipality" means a city, village, or township.
