Bill Text: MI HB5686 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Drains; districts; drainage issues caused by highway construction or maintenance; authorize establishment of a drainage district. Amends sec. 327 of 1956 PA 40 (MCL 280.327).
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2014-12-31 - Assigned Pa 552'14 With Immediate Effect 2014 Addenda [HB5686 Detail]
Download: Michigan-2013-HB5686-Introduced.html
HOUSE BILL No. 5686
June 12, 2014, Introduced by Reps. Pscholka, Price, LaVoy, Dianda, Haveman, Foster and Schmidt and referred to the Committee on Local Government.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 327 (MCL 280.327).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
327. (1) In case If
it becomes is necessary
for the
construction or maintenance of any highway to take the surplus
water
across adjacent lands, the state, county or township highway
commissioner
or county road commissioners any
of the following may
make
under his or their name of office submit
an application or
petition to the drain commissioner of the county or counties in
which
such the highway is situated to lay out and designate a
county or intercounty drainage district, locate and establish a
county or intercounty drain, or clean out, widen, deepen,
straighten, or
extend an established county or
intercounty drain: .
Such
(a) The director of the state transportation department.
(b) A board of county road commissioners.
(c) If a resolution is adopted pursuant to section 6 of 1909
PA 283, MCL 224.6, transferring the powers, duties, and functions
that are otherwise provided by law for an appointed board of county
road commissioners, a county board of commissioners.
(2) An application or petition under subsection (1) shall
conform to the law regulating applications or petitions for the
laying out and designating a drainage district, locating and
establishing of drains, and cleaning out, widening, deepening,
straightening, and extending established county or intercounty
drains. ,
and shall require no other signature than his own as
highway
commissioner or county road commissioners. Such The
application or petition shall have the same force and effect, and
be subject in other respects to the same laws and regulations that
govern
other such applications or petitions and shall confer the
same jurisdiction and authority on the county drain commissioner or
drainage board to lay out and designate a county or intercounty
drainage district, locate and establish a county or intercounty
drain, or clean out, widen, deepen, straighten, or extend an
established
county or intercounty drain.
: Provided, That in cases
where
However, if the state highway commissioner makes such
director of the state transportation department submits an
application or petition under this section, he or she shall serve a
copy
of such the application or petition on the director of the
department of agriculture and rural development, who shall within
30
60 days hold a meeting at some a public place
in the vicinity of
the proposed or established county or intercounty drainage district
for the purpose of determining the practicability or necessity of
such
the drain, and no a board of determination shall
be is not
necessary
to pass on those questions. Said The meeting shall be
held, notice given, and all persons interested may be heard in the
same
manner as provided in section 102 or section 122. of this act.
The determination of the director of the department of agriculture
and rural development shall be filed with the drain commissioner or
drainage board.
