Michigan StatutesAct 40 of 1956 - THE DRAIN CODE OF 1956 (280.1 - 280.630)
- 40-1956-1. - CHAPTER 1. DRAINS. (280.1...280.12)
- 40-1956-10. - CHAPTER 10. INSPECTION AND APPROVAL OF CONSTRUCTION AND PAYMENT FOR THE DRAIN. (280.241...280.248)
- Section 280.241 - Inspection of drain; order of approval, payments on contract.
- Section 280.242 - Extension of time on contract; forfeiture; reletting unfinished portion; recovery of excess cost.
- Section 280.243 - Deficiency; assessment, collection, review, appeal; embezzlement; payment from county general fund, conditions.
- Section 280.244 - Drain orders; drawing and payment, restrictions; payment from county general fund, reimbursement.
- Section 280.245 - Drain orders; contents, recording; payment; insufficient funds, interest; drain order redemption fund; payment of drainage taxes; reports to commissioner by county treasurer.
- Section 280.246 - Advertising rates; fees of judge of probate and other officers.
- Section 280.247 - Attorney; employment; legal expenses, payment; prosecuting attorney.
- Section 280.248 - Expenses of state director of agriculture or deputy; payment.
- 40-1956-11. - CHAPTER 11. LEVY AND COLLECTION OF DRAIN TAXES. (280.261...280.283)
- Section 280.261 - Computation of cost; items included; contingent expenses.
- Section 280.262 - Special assessment roll and tax assessment roll; contents; installment payments.
- Section 280.263 - Spread of drain taxes on rolls; time.
- Section 280.264 - Statement of assessments upon township at large furnished township treasurer.
- Section 280.265 - Drain taxes; general tax law applicable, payment under protest, action, lien, personal claim.
- Section 280.266 - Return of delinquent drain taxes; general tax law applicable.
- Section 280.267 - Injunction after assessment.
- Section 280.268 - Perpetual injunction not allowed for informalities; plaintiff may show injury.
- Section 280.269 - Invalidation proceedings; proofs, correction of damages or assessment, order, costs.
- Section 280.270 - Tax lien; proceeding to compel spread of tax; established drains.
- Section 280.271 - Tax collection suits; tax reassessment.
- Section 280.272 - Tax collection suits; assumpsit; prima facie evidence, judgment based on benefits; authority to sue.
- Section 280.273 - New proceedings when tax set aside; report of defects to supervisors, reassessment.
- Section 280.274 - Invalidation proceedings; commissioner as party.
- Section 280.275 - Drainage district bonds; issuance, terms, sale, premium; sale subject to revised municipal finance act; limitation on payment from county general fund.
- Section 280.276 - County drainage district bonds or notes; intracounty drains; faith and credit; advancement by county, reassessment.
- Section 280.277 - Drainage district bonds; delinquent assessments, advancements by municipalities, reimbursement, reassessment, validation of drain orders or bonds.
- Section 280.278 - Interest on installments of drain taxes; payment of interest; disposition and use of installments and interest; bank deposits; interest on bonds or notes.
- Section 280.279 - Special assessments; payment in full; notice to commissioner; deficiency assessment.
- Section 280.280 - Additional assessments; levy; purposes; surplus; exemption of certain lands from deficiency assessments.
- Section 280.281 - Special drain assessment; definition of municipal corporation.
- Section 280.282 - Investment of surplus funds; consolidation of drainage district funds; disposition and use of interest; revolving maintenance fund; consolidation with other funds for investment purp
- Section 280.283 - Use or transfer of surplus construction funds; contract with public corporation; provisions of contract; return of surplus construction funds to state transportation department; defi
- 40-1956-12. - CHAPTER 12. REVOLVING FUNDS FOR DRAINS. (280.301...280.307)
- 40-1956-13. - CHAPTER 13. HIGHWAYS. (280.321...280.328)
- 40-1956-14. - CHAPTER 14. RAILROADS. (280.341...280.343)
- 40-1956-15. - CHAPTER 15. DAMS IN DRAINS. (280.351...280.356)
- 40-1956-16. - CHAPTER 16. SPECIAL COUNTY COMMISSIONER. (280.381...280.384)
- 40-1956-17. - CHAPTER 17. ABANDONED AND VACATED DRAINS—DISPOSAL OF FUNDS. (280.391...280.396)
- 40-1956-18. - CHAPTER 18. OBSTRUCTIONS IN DRAINS; SEWAGE; MISCELLANEOUS PROVISIONS. (280.421...280.435)
- 40-1956-19. - CHAPTER 19. CONSOLIDATED DISTRICTS. (280.441...280.448)
- 40-1956-2. - CHAPTER 2. COUNTY DRAIN COMMISSIONER. (280.21...280.33)
- Section 280.21 - County drain commissioner; election; term; temporary replacement; vacancy; bond; abolishment of office in certain counties; transfer of power and duties; effect of establishing depart
- Section 280.21a - Powers and duties of drain commissioner performed by designated persons in certain counties.
- Section 280.22 - Drain commissioner; establishment of office.
- Section 280.23 - Drain commissioner; jurisdiction; drains in more than one county; outlet only in another county.
- Section 280.24 - Deputy commissioners; appointment; revocation; bond; powers and duties.
- Section 280.25 - Deputy drain commissioner; liability of commissioner and bondsmen; liability of drainage district; public liability or other insurance.
- Section 280.26 - Deputy drain commissioner; salary, expenses, reports to drain commissioner.
- Section 280.27 - Supplies; blank applications, office, location, hours.
- Section 280.28 - County drain commissioner; salary and expenses; itemized and verified expense account.
- Section 280.29 - Surveys; use of books, equipment, field notes, profiles, blueprints, specifications, estimates, engineers.
- Section 280.30 - Drainage district; financial statement, records, prerequisites to tax spread.
- Section 280.31 - Submitting annual report and financial statement to county board of commissioners; reports and information required by director of department of agriculture; liability on bond.
- Section 280.32 - Drain commissioner; social security; agreement for coverage; appropriation.
- Section 280.33 - Salary of commissioner, deputy commissioners, clerks, and employees; payment from general fund; drain maintenance employees; hiring, status, and compensation; reimbursement of county
- 40-1956-20. - CHAPTER 20. INTRACOUNTY DRAINS; PUBLIC CORPORATIONS. (280.461...280.499)
- Section 280.461 - Definitions.
- Section 280.462 - County drains; public health, assessment against public corporations.
- Section 280.463 - Petition to locate, establish, and construct county drain; determination; filing and contents of petition; notice; certified copy of resolution; authorizing execution; order of deter
- Section 280.464 - Drainage board; creation; members; disqualification; compensation, mileage, and expenses; county drain commissioner as chairperson; minutes, records, and files; requirements for subs
- Section 280.465 - Meeting of drainage board; notice; affidavit of mailing; quorum; adjournment; action by board; signing of orders.
- Section 280.466 - Drainage board; first meeting, notice.
- Section 280.467 - Drainage board; tentative determinations; naming drain and drainage district; composition of district; objections; notice of hearing; final order of determination; eliminating or add
- Section 280.468 - Plans, specifications, and estimate of cost; approval, adoption, and filing; route of drain; apportionment of costs; designation of area to be served; assumption of additional cost;
- Section 280.469 - Objections to apportionments; notice of hearing; confirmation or readjustment of apportionments; notice of rehearing; final order of apportionment.
- Section 280.470 - Drainage board; lands and rights of way, condemnation; procedure, federal government participation; costs.
- Section 280.471 - Drainage board; contracts with federal government or corporations; bids.
- Section 280.472 - Funds; county treasurer, deputies; bonds; expenditures.
- Section 280.473 - Special assessment roll; preparation; estimated or actual costs; annual installments; interest; advance payment; altering and supplementing proceedings.
- Section 280.474 - Special assessment roll; contents; approval; statement; certification to assessed public corporation; installments and interest; advances from county funds; notice; deduction; reimbu
- Section 280.475 - Statutory or charter tax limitations inapplicable; rate or amount of taxes.
- Section 280.476 - Bonds; issuance, maturity, signatures; collection of assessments.
- Section 280.477 - Additional assessment; apportionment.
- Section 280.478 - Drainage board; continuation; responsibility; expenses; relinquishment; moneys, disposition, consent.
- Section 280.479 - Advancements by corporations; reimbursement.
- Section 280.480 - Costs; items.
- Section 280.481 - Assessments against townships and villages.
- Section 280.482 - Improvements or additions to drains for public health.
- Section 280.483 - Certiorari; time; legal establishment of drain.
- Section 280.484 - Procedures; incorporation of other chapters in drainage board orders.
- Section 280.485 - Relief drains.
- Section 280.486 - Drains to which chapter applicable; sufficiency of petition.
- Section 280.487 - Drainage board; absence of members, deputies, vice-chairman.
- Section 280.488 - Additional grant of power; prior projects.
- Section 280.489 - New cities; service of notice on township clerks or de facto city officer.
- Section 280.489a - Land especially benefited by drain project; duties of legislative body; affidavit as conclusive proof of notice; meeting; powers of legislative body; reimbursement for pro rata shar
- Section 280.490 - Land especially benefited by drain project; special assessment; resolution; preparation of special assessment roll; conduct of proceedings; objections; hearing in lieu of meeting; us
- Section 280.491 - River, creek or watercourse; petition for inclusion within jurisdiction.
- Section 280.492 - Petition; content, deposit to pay cost; drainage board hearing and notice.
- Section 280.493 - Final order of determination; contents, recording, effect.
- Section 280.494 - Final order of determination; recording effect on private rights.
- Section 280.495 - Assessment of cost; hearing; powers.
- Section 280.496 - Drainage board funds; investment of surplus, interest.
- Section 280.497 - Use or transfer of surplus construction funds; contract with public corporation; provisions of contract; return of surplus construction funds to state transportation department; appl
- Section 280.498 - Pollution in county drain; abatement; petition.
- Section 280.499 - Providing amount from surplus construction funds to inspect, repair, and maintain drain; apportioning balance of surplus construction funds to credit of public corporations; use of f
- 40-1956-21. - CHAPTER 21. INTERCOUNTY DRAINS; PUBLIC CORPORATIONS. (280.511...280.549)
- Section 280.511 - Definitions.
- Section 280.512 - Public health; assessment against public corporations.
- Section 280.513 - Petition to locate, establish, and construct intercounty drain; determination; filing and contents of petition; notice; certified copy of resolution; authorizing execution; order of
- Section 280.514 - Drainage board; membership; chairperson; appointee; exception.
- Section 280.515 - Augmented drainage board; members, compensation; expenses.
- Section 280.516 - Minutes of meetings; secretary's duties, records, filing.
- Section 280.517 - Preliminary finding; first meeting of boards, time and place, notice, selection of secretary.
- Section 280.518 - Meetings of drainage board or augmented drainage board; notice; quorum; action by board; signing of orders.
- Section 280.519 - Augmented drainage board; tentative determinations; naming drain and drainage district; composition of district; resolution; new meeting; objections; notice of hearing; final order o
- Section 280.520 - Plans, specifications, and estimate of cost; approval, adoption, and filing; route of drain; apportionment of costs; designation of area to be served; assumption of additional cost;
- Section 280.521 - Objections to apportionments; notice of hearing; confirmation or readjustment of apportionments; notice of rehearing; final order of apportionment.
- Section 280.522 - Lands and rights of way; condemnation; procedure, federal government participation; prior agreement as to highways; costs.
- Section 280.523 - Contracts with federal government or corporations; bids.
- Section 280.524 - Designation of a county treasurer; deputies, bonds; expenditures.
- Section 280.525 - Special assessment roll; preparation; estimated or actual costs; annual installments; interest; advance payment; spreading levy on county tax roll; altering or supplementing proceedi
- Section 280.526 - Special assessment roll; contents; approval; statement; certification to assessed public corporation; installments and interest; advances from county funds; notice; deduction; reimbu
- Section 280.527 - Statutory or charter tax limitation inapplicable; rate or amount of taxes.
- Section 280.528 - Bonds; issuance, maturity, signatures; collection of assessments.
- Section 280.529 - Additional assessment; apportionment.
- Section 280.530 - Drainage board; continuation; responsibility; expenses; relinquishment; moneys, disposition; consent.
- Section 280.531 - Advances by corporations; reimbursement.
- Section 280.532 - Venue of actions; appointment of circuit judge.
- Section 280.533 - Costs; items.
- Section 280.534 - Deputy for director of agriculture; powers.
- Section 280.535 - Improvements or additions to drains for public health.
- Section 280.536 - Certiorari; time; legal establishment of drain.
- Section 280.537 - Procedures; incorporation of other chapters in drainage board orders.
- Section 280.538 - New cities; service of notice on township clerk or de facto city officer.
- Section 280.538a - Land especially benefited by drain project; duties of legislative body; affidavit as conclusive proof of notice; meeting; powers of legislative body; reimbursement for pro rata shar
- Section 280.539 - Land especially benefited by drain projects; special assessment; resolution; preparation of special assessment roll; conduct of proceedings; objections; hearing in lieu of meeting; u
- Section 280.540 - Relief drains.
- Section 280.541 - River, creek, or watercourse; petition to inclusion in jurisdiction.
- Section 280.542 - River, creek, or watercourse; petition; content, deposit to pay costs, filing; drainage board, hearing and notice.
- Section 280.543 - River, creek, or watercourse; board determination, final order, contents, recording, effect.
- Section 280.544 - River, creek, or watercourse; final order of determination; recording effect on private rights.
- Section 280.545 - River, creek, or watercourse; assessment of costs, hearing; powers.
- Section 280.546 - Drainage board funds; investment of surplus, interest.
- Section 280.547 - Surplus construction funds; use; transfer; provisions of contract with public corporation; return of funds; applicability of MCL 280.547a; definition.
- Section 280.547a - Surplus construction funds; disposition; use.
- Section 280.548 - Pollution in intercounty drain; abatement; petition.
- Section 280.549 - Assessments against townships and villages.
- 40-1956-22. - CHAPTER 22. WATER MANAGEMENT DISTRICTS AND SUBDISTRICTS (280.551...280.583)
- Section 280.551 - Water management; definitions.
- Section 280.552 - Water management; petition for flood control or drainage project, filing, signatures, contents, map.
- Section 280.553 - Water management commission; members, appointment, compensation, expenses, approval of plans, orders and assessments.
- Section 280.554 - Water management board; members; terms; vacancy; qualifications; chairman; procedures; employees; treasurer; bond; secretary; audit.
- Section 280.555 - Water management commission or water management board; meetings; notice; quorum; adjournment; action by board; signing of orders; minutes of proceedings; records; meetings and record
- Section 280.556 - Water management commission; petitions, review; notice of first meeting.
- Section 280.557 - Water management commission; temporary secretary, by-laws, tentative determination, amendment of petition, notice of adjourned meeting; dismissal of petition; name of district; board
- Section 280.558 - Water management board; hearing of objections; notice of hearing; preliminary order of determination; eliminating or adding public corporation.
- Section 280.559 - Assessment; basis.
- Section 280.560 - Preliminary plans; approval; detailed plans, contents, approval; official plans, filing.
- Section 280.561 - Tentative percentage of cost for assessment; apportionment.
- Section 280.562 - Hearing of objections to tentative apportionments of costs; notice of hearing; report; confirmation or readjustment of apportionment.
- Section 280.563 - Water management commission; review of board's apportionment; final order of apportionment; annual meeting; work plan, advisory committees.
- Section 280.564 - Lands and rights of way; condemnation, procedure, federal governmental participation; costs.
- Section 280.565 - Contracts with federal government or corporations; bids.
- Section 280.566 - Special assessment roll; installments, payment, interest.
- Section 280.567 - Special assessment roll; contents, approval; certification to corporation assessed; annual notice of installment and interest; advancement by county; assessment against state; correc
- Section 280.568 - Assessments and taxes not subject to statutory or charter debt or tax limitations.
- Section 280.569 - Bonds; issuance, maturity, signatures; collection of assessments.
- Section 280.570 - Additional assessment; apportionment.
- Section 280.571 - Water management board; continuation, responsibility; budget, hearing, adoption.
- Section 280.572 - Advancements by corporations; reimbursement.
- Section 280.573 - Costs; items, contingent expenses.
- Section 280.574 - Water management commission; powers.
- Section 280.575 - Subdistrict; petition; official plan, final order of apportionment of cost; assessment.
- Section 280.576 - Water management district in interstate river basin; powers of commission.
- Section 280.577 - Venue of actions; appointment of circuit judge.
- Section 280.578 - Deputy for director of agriculture; powers.
- Section 280.579 - Intercounty drain; construction or improvement for flood control project.
- Section 280.580 - Public and private construction in works owned by water management district; plans, approval.
- Section 280.581 - Certiorari; time; legal establishment of project.
- Section 280.582 - Provisions applicable.
- Section 280.583 - Validation of prior bonds.
- 40-1956-23. - CHAPTER 23. PENALTIES. (280.601...280.602)
- 40-1956-24. - CHAPTER 24. REPEALS AND SAVING CLAUSES. (280.621...280.624)
- 40-1956-25. - CHAPTER 25. ALTERNATE PROCEDURES (280.625...280.630)
- 40-1956-3. - CHAPTER 3. COUNTY DRAINAGE DISTRICTS. (280.51...280.54)
- 40-1956-4. - CHAPTER 4. COUNTY DRAINS. (280.71...280.88)
- Section 280.71 - Petitions to establish drainage districts; filing, signers, certificate of county treasurer; municipality-signed petition.
- Section 280.72 - Board of determination; appointment, qualifications, and compensation of members; location of meeting; failure or refusal to serve; informing legislator of persons appointed; notice o
- Section 280.72a - Judicial determination of necessity; filing of action.
- Section 280.73 - Proposed drain; plans, specifications and cost estimates; route, approval; easements on rights of way.
- Section 280.74 - Release of right of way; acknowledgments, oaths, form, area, signature of wife, resolution covering street or public place; open drain.
- Section 280.75 - Condemnation proceedings; special commissioners, application for appointment, contents.
- Section 280.76 - Condemnation proceedings; hearing, waiver of errors, lands of minors and incompetent persons.
- Section 280.77 - Condemnation proceedings; citation, contents, addressed to owners.
- Section 280.78 - Condemnation citations; notices and orders; methods of service.
- Section 280.79 - Condemnation proceedings; hearing; order appointing special commissioners; determination of necessity for using property and compensation; meeting; adjournment of hearing; amendment o
- Section 280.80 - Special commissioners; notice of appointment; meeting; adjournment; notice; appointment of other special commissioners; oath; election of chairperson and secretary; record of proceedi
- Section 280.81 - Default of interested parties for nonappearance; compensation after determination of necessity; court commissioners; meetings; adjournment; witnesses; appraisal of damages; property d
- Section 280.82 - Condemnation proceedings; drains, special commissioners; return, examination, correction, filing, conveyance of easements, vesting of fee, damages.
- Section 280.83 - Release of right of way and damages; proceedings discontinued.
- Section 280.84 - Setting off damages and benefits; drain order for excess, holding by county clerk.
- Section 280.85 - Owner's use of land of right of way.
- Section 280.86 - Special commissioners; compensation.
- Section 280.87 - Certificates, reports and determinations as prima facie evidence.
- Section 280.88 - Review upon superintending control; procedure.
- 40-1956-5. - CHAPTER 5. INTERCOUNTY DRAINAGE DISTRICTS. (280.101...280.106)
- 40-1956-6. - CHAPTER 6. INTERCOUNTY DRAINS. (280.121...280.135)
- Section 280.121 - Intercounty drains; petition to establish; filing, signers; certificate of county treasurer.
- Section 280.122 - Drainage board; duties generally; voting; notice of meeting; affidavit of mailing; failure to receive notice; expense of notification; determination of necessity, percentages, and nu
- Section 280.122a - Judicial determination of drain necessity; filing of action.
- Section 280.123 - Apportionment of benefits; assessment, correction, appeal.
- Section 280.124 - Meetings of drainage board to receive bids and review apportionment of benefits; notice.
- Section 280.125 - Meetings of drainage board; review, appeal, computation of costs.
- Section 280.126 - Construction of drain; receipt of bids and letting of contracts; abandonment of petition; order; notice.
- Section 280.127 - Releases of right of way and damages.
- Section 280.128 - Condemnation proceedings; appointment of special commissioners, qualifications.
- Section 280.129 - Special commissioners; meeting, view of line of drain.
- Section 280.130 - Computation of construction cost; certification of special assessment rolls, filing; levy and collection of taxes.
- Section 280.131 - Drain record; certified copies furnished other commissioners, filing.
- Section 280.132 - Drainage bonds; issuance, terms; moneys, disposition.
- Section 280.133 - Interstate drain; application and petition, drainage district, proceedings; release of right of way, obstruction agreement.
- Section 280.134 - Intercounty drain; venue of actions; appointment of outside circuit judge.
- Section 280.135 - Intercounty drain; extension into county not in original district; procedure, apportionment of cost; addition of lands by expanded board.
- 40-1956-7. - CHAPTER 7. APPORTIONMENT AND REVIEW. (280.151...280.162)
- Section 280.151 - Final order of determination; filing; contracts for sections or whole; apportionment of costs, benefits; review, appeal.
- Section 280.152 - Apportionment of benefits; description of lands.
- Section 280.153 - Order to contain description of special assessment district; designation.
- Section 280.154 - Receipt of bids and review of apportionment of benefits; publication and mailing of notice; affidavit of mailing; failure to receive notice; contents of notice; computation of cost;
- Section 280.155 - Bids; appeal; application for board of review, bond.
- Section 280.156 - Bids; board of review, appointment, meeting, time, notice, duties.
- Section 280.157 - Board of review; duties generally; changes in apportionment; added lands; adjournment; notice; action and decision.
- Section 280.158 - Appeal cost and expenses; liability on bond.
- Section 280.159 - Board of review; vacancies, adjournment.
- Section 280.160 - Liability for costs; only one board of review, adjournment.
- Section 280.161 - Certiorari to review drain proceedings and taxes; issues of fact, costs, postponement of proceedings.
- Section 280.162 - Village or city; incorporation or annexation; reapportionment of cost of drain.
- 40-1956-8. - CHAPTER 8. CLEANING, WIDENING, DEEPENING, STRAIGHTENING AND EXTENDING DRAINS. (280.191...280.200)
- Section 280.191 - County drains; maintenance and improvements; petition; determination of necessity; apportionment; review.
- Section 280.192 - Intercounty drain; cleaning out, petition; drainage board; survey; procedure.
- Section 280.193 - Drains; apportionment for cleaning, widening, deepening, straightening, and extending; review; notice; consolidated districts.
- Section 280.194 - Petitions and proceedings; description of drain, relief drains.
- Section 280.195 - Further right of way; damages.
- Section 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 ad
- Section 280.197 - Surveying drain or district, laying out new district, or making profiles, plans, or estimates of work; filing data; land added to drainage district; meeting of board of determination
- Section 280.198 - Drain taxes; subsequent assessment.
- Section 280.199 - Cleaning out drain; apportionment of cost; use of surplus in drain fund.
- Section 280.200 - Cleaning out drain; cost of maintenance and repair; public contracts.
- 40-1956-9. - CHAPTER 9. LETTING OF CONTRACTS. (280.221...280.223)