280.79 Condemnation proceedings; hearing; order appointing special commissioners; determination of necessity for using property and compensation; meeting; adjournment of hearing; amendment of application.
Sec. 79.
The court to whom the application is made, at the time and place fixed in the citation, or at a time to which it may adjourn, not exceeding 60 days, and upon proof of service and publication when required, shall proceed to hear persons whose lands are to be traversed by the proposed drain. A person may show cause against the prayer set forth in the application, and may disprove a fact alleged in the complaint, except the necessity of the drain. The person may raise an objection to an error or irregularity made in the proceedings held thus far, and the court shall hear the proofs and allegations of the parties, and the objections made to the proceedings. If sufficient cause is not shown against granting the prayer set forth in the application, the court shall make an order appointing 3 disinterested and competent resident property owners of the county who are not residents of the township or townships to be traversed by the drain, as special commissioners to determine the necessity of using the property and the compensation to be paid for the property. The court, upon the appointment of the commissioners, and with the concurrence of the county drain commissioner, shall appoint a time, date, and place, the time to be not less than 5 days nor more than 15 days after the appointment, at which time the special commissioners shall meet the commissioner and those parties who have not released the right of way, to consider the matters and things with respect to which they have been appointed. The court shall make public announcement of the meeting. If it appears at the hearing that all parties have not been notified, the court may adjourn the hearing for a period not exceeding 30 days to enable the commissioner to notify the parties in the manner provided in this section. The probate court, if necessary, shall allow the commissioner to amend the application before the appointment of special commissioners. If there is shown to be error in the proceedings of the commissioner and the petition to establish the drain is shown to be sufficient under the statute, the probate court shall adjourn the hearing for sufficient time to allow the commissioner to correct the error.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978 Popular Name: Act 40
280.79 Condemnation proceedings; hearing; order appointing special commissioners; determination of necessity for using property and compensation; meeting; adjournment of hearing; amendment of application.
Sec. 79.
The court to whom the application is made, at the time and place fixed in the citation, or at a time to which it may adjourn, not exceeding 60 days, and upon proof of service and publication when required, shall proceed to hear persons whose lands are to be traversed by the proposed drain. A person may show cause against the prayer set forth in the application, and may disprove a fact alleged in the complaint, except the necessity of the drain. The person may raise an objection to an error or irregularity made in the proceedings held thus far, and the court shall hear the proofs and allegations of the parties, and the objections made to the proceedings. If sufficient cause is not shown against granting the prayer set forth in the application, the court shall make an order appointing 3 disinterested and competent resident property owners of the county who are not residents of the township or townships to be traversed by the drain, as special commissioners to determine the necessity of using the property and the compensation to be paid for the property. The court, upon the appointment of the commissioners, and with the concurrence of the county drain commissioner, shall appoint a time, date, and place, the time to be not less than 5 days nor more than 15 days after the appointment, at which time the special commissioners shall meet the commissioner and those parties who have not released the right of way, to consider the matters and things with respect to which they have been appointed. The court shall make public announcement of the meeting. If it appears at the hearing that all parties have not been notified, the court may adjourn the hearing for a period not exceeding 30 days to enable the commissioner to notify the parties in the manner provided in this section. The probate court, if necessary, shall allow the commissioner to amend the application before the appointment of special commissioners. If there is shown to be error in the proceedings of the commissioner and the petition to establish the drain is shown to be sufficient under the statute, the probate court shall adjourn the hearing for sufficient time to allow the commissioner to correct the error.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978 Popular Name: Act 40
280.79 Condemnation proceedings; hearing; order appointing special commissioners; determination of necessity for using property and compensation; meeting; adjournment of hearing; amendment of application.
Sec. 79.
The court to whom the application is made, at the time and place fixed in the citation, or at a time to which it may adjourn, not exceeding 60 days, and upon proof of service and publication when required, shall proceed to hear persons whose lands are to be traversed by the proposed drain. A person may show cause against the prayer set forth in the application, and may disprove a fact alleged in the complaint, except the necessity of the drain. The person may raise an objection to an error or irregularity made in the proceedings held thus far, and the court shall hear the proofs and allegations of the parties, and the objections made to the proceedings. If sufficient cause is not shown against granting the prayer set forth in the application, the court shall make an order appointing 3 disinterested and competent resident property owners of the county who are not residents of the township or townships to be traversed by the drain, as special commissioners to determine the necessity of using the property and the compensation to be paid for the property. The court, upon the appointment of the commissioners, and with the concurrence of the county drain commissioner, shall appoint a time, date, and place, the time to be not less than 5 days nor more than 15 days after the appointment, at which time the special commissioners shall meet the commissioner and those parties who have not released the right of way, to consider the matters and things with respect to which they have been appointed. The court shall make public announcement of the meeting. If it appears at the hearing that all parties have not been notified, the court may adjourn the hearing for a period not exceeding 30 days to enable the commissioner to notify the parties in the manner provided in this section. The probate court, if necessary, shall allow the commissioner to amend the application before the appointment of special commissioners. If there is shown to be error in the proceedings of the commissioner and the petition to establish the drain is shown to be sufficient under the statute, the probate court shall adjourn the hearing for sufficient time to allow the commissioner to correct the error.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978 Popular Name: Act 40
