State Codes and Statutes
Statutes > Michigan > Chapter-280 > Act-40-of-1956 > 40-1956-4 > Section-280-82THE DRAIN CODE OF 1956 (EXCERPT)
Act 40 of 1956
280.82 Condemnation proceedings; drains, special commissioners; return, examination, correction, filing, conveyance of easements, vesting of fee, damages.
Sec. 82.
The special commissioners shall within 60 days from the date of their first meeting make a return in writing of their hearing, determination and of their several awards. To assist the special commissioners in arriving at their verdict, the probate court may allow the special commissioners, when they retire, to take with them the petition filed in the case and a map showing the location of the proposed improvement and each and all of the parcels of property to be taken and may also submit to them a blank return which may be as follows: "We, the undersigned, having been appointed by the probate court of the county of .............., state of Michigan, as special commissioners, to ascertain and to appraise and determine the damages or compensation to be allowed to the owners or parties interested in the real estate proposed to be taken for the right of way for a certain drain, known as the '............... drain' to be located in the ............. of .................... ..................... in said county, and we find that it is ............... necessary to take the private property described in the petition in this cause, for the use or benefit of the public, for the proposed public improvement. The just compensation to be paid for such private property we have ascertained and determined, and hereby award as follows:
Right of Way Required or Easement Taken Owners- Compen- Center Private Occupants sation Parcel Description Line of Property Others To Whom No. of Property Drain Taken Interested Payable ........................................................... ..........................................................." The different descriptions of the property and the names of the occupants, owners and others interested therein, may be inserted in said blank verdict, under the direction of the court, before it is submitted to the special commissioners, or it may be done by the special commissioners. The special commissioners shall file said return with the probate court, it shall examine the same, and if it shall find such return not to be in substantial conformity with the statute, it shall return the same to the special commissioners for correction, with its objections in writing. The special commissioners shall thereupon proceed to correct their return, and file the same with the probate court within 5 days. When the probate court shall find such return to be without material error, it shall enter an order confirming the awards and an order dismissing any lis pendens filed with the register of deeds by the drain commissioner. A certified copy of said return shall be immediately recorded by the drain commissioner in the office of the register of deeds, and a copy filed in the office of the drain commissioner. A return by special commissioners with respect to any easement taken shall be deemed a sufficient conveyance to vest in the drainage district an easement in the land for the uses and purposes within the scope of its powers, together with such rights of entry upon, passage over, deposit of excavated earth and storage of material and equipment on such lands as may be necessary or useful for the construction, maintenance, cleaning out and repair of said drain. A return of special commissioners with respect to private property taken in fee shall vest the fee of the property taken in the drainage district for the use or benefit of the public for the proposed public improvement. The amount of compensation that may have been awarded therefor shall have been paid or tendered, or secured to the persons entitled thereto. The time during which proceedings are pending in the probate court shall not be counted as part of the 5-year period relative to abandonment of a petition as provided in section 221, and the time mentioned in sections 75, 79, 80, 81 and 82 relative to completion of certain procedural steps in condemnation proceedings shall be deemed to be directory and not mandatory and shall not constitute a material defect in such proceedings.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1962, Act 191, Eff. Mar. 28, 1963 ;-- Am. 1965, Act 108, Imd. Eff. June 30, 1965
Popular Name: Act 40
