Michigan Compiled Laws Act 191 Of 1968 State Boundary Commission (123.1001 - 123.1020)

AN ACT to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation, and annexation; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973 ;-- Am. 1998, Act 191, Eff. Mar. 23, 1999

Compiler's Notes: For transfer of powers and duties of the state boundary commission from the department of commerce to the director of the department of consumer and industry services, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.

Section 123.1001 Definitions.
As used in this act: (a) “Adjusted boundaries” means the total area that would be encompassed by a municipality if a municipal boundary adjustment...
Section 123.1002 State Boundary Commission; Creation; Appointment, Qualifications, Terms, And Removal Of Members; Vacancy; Compensation; Expenses; Chairman.
The state boundary commission is created consisting of 3 members appointed by the governor with the advice and consent of the senate. The term...
Section 123.1003 State Boundary Commission; Employees And Consultants.
The commission may appoint such employees and retain such consultants as may be necessary, but who shall not be members of the commission, within...
Section 123.1004 State Boundary Commission; Offices And Facilities; Rules, Regulations, And Procedures; Meetings; Records; Oaths.
The commission shall be furnished with suitable office space and facilities in Lansing by the department of administration. The state members shall make rules...
Section 123.1004a State Boundary Commission; Conducting Business At Public Meeting; Notice; Availability Of Writings To Public.
(1) The business which a commission created pursuant to this act may perform shall be conducted at a public meeting of the commission held...
Section 123.1005 Municipal Boundary Adjustments; Appointment Of County Members And Alternates To Serve On Commission; Residency Requirement; Vacancy; Term; Per Diem And Expenses; Oath.
The presiding probate judge in each county shall appoint 2 persons and 2 alternates for those persons residing in that county to serve on...
Section 123.1006 Order Of Processing Petitions And Resolutions.
Except as otherwise provided in this act, the commission shall process all petitions and resolutions in the order in which they are filed and...
Section 123.1007 Incorporation Of Village Or City; Initiation; Petitions; Signatures And Filing; Powers And Duties Of Commission; Census; Other Means Of Incorporation; Incorporation Of General Law Village Or Home Rule Village Without Change Of Boundaries.
(1) Except as otherwise provided in this act, the incorporation of a village shall be initiated as prescribed in and shall be subject to...
Section 123.1007a Violation Of Mcl 168.1 To 168.992 Applicable To Petitions; Penalties.
A petition under section 10(3) or 12a(3), including the circulation and signing of the petition, is subject to section 488 of the Michigan election...
Section 123.1008 Review Of Proposed Incorporations; Certifying Nonconformance Of Petition; Return Of Petition; Public Hearing; Commencement Of Time Period; Notice Of Hearing; Sufficiency Or Legality Of Petition.
(1) The commission shall review proposed incorporations considering the criteria established by section 9. (2) If the commission finds that a petition does not...
Section 123.1009 Review Of Proposed Incorporation; Criteria.
Criteria to be considered by the commission in arriving at a determination shall be: (a) Population; population density; land area and land uses; assessed...
Section 123.1010 Denial Or Approval Of Proposed Incorporation; Revision Of Boundaries; Referendum On Question Of Incorporation.
(1) After the public hearing on a proposed incorporation and review thereof by the commission, the commission may deny the proposed incorporation, approve the...
Section 123.1010a Incorporation Of Village As City; Population And Other Incorporation Requirements; Initiation; Submittal To Electors; Election Of Charter Commissioners; Effective Date Of Incorporation; Stay Of Proposed Change Of Boundaries After Incorporation Approved By Electors; Division Of Assets And Liabilities.
(1) In compliance with section 20 of article 7 of the state constitution of 1963, if all the territory of an organized township is...
Section 123.1011 Succession To Property And Liabilities; Division Of Properties; Sharing Of Revenues; Tax Assessment And Collection.
Succession to property and liabilities, division of properties, sharing in revenue from various taxes and state funds distributable among local units and assessment and...
Section 123.1011a Jurisdiction Over Annexation Petitions Or Resolutions.
The commission shall have jurisdiction over petitions or resolutions for annexation as provided in section 9 of Act No. 279 of the Public Acts...
Section 123.1011b Resolution Calling For Referendum On Question Of Annexation; Conditions; Filing; Order; Referendum And Election Resolution Not Passed; Approval Of Annexation; Applicability Of Section; Section As Alternative To Referendum And Election Process Provided For In Mcl 117.9(5).
(1) If the commission, after determining the validity of a petition or resolution for annexation, has ordered a public hearing pursuant to section 9...
Section 123.1012 Petition For Consolidation; Filing; Inclusion Of Township; Contents Of Petition; Rejection Of Petition.
(1) Proceedings for consolidation may be initiated by the filing of a petition with the commission signed by a number of registered electors who...
Section 123.1012a Denial Or Approval Of Consolidation; Revision Of Boundaries; Referendum On Question Of Consolidation; Notice.
(1) After the public hearing on a proposed consolidation and review by the commission, the commission may deny the proposed consolidation, revise the boundaries...
Section 123.1012b Jurisdiction Of Commission Over Reannexation Of Detached Territory.
The commission shall have jurisdiction over reannexation of territory detached under section 9b of Act No. 279 of the Public Acts of 1909, being...
Section 123.1013 Proposed Consolidation Including Portion Of Township; “municipality” Defined; Order; Election And Number Of Charter Commissioners; Appointment Of Charter Commissioners; Resolution; Eligibility; Applicability Of Subsection (2).
(1) If a proposed consolidation includes a portion of a township, the term “municipality” as defined in sections 1 and 12 when used in...
Section 123.1014 Election On Consolidation; Form Of Ballot; Expenses; Canvass; Returns; Commissioners.
The ballot to be used in an election on consolidation shall be substantially in the following form: “For consolidation of the cities (and villages)...
Section 123.1015 Meeting Of Charter Commission; Notice; Procedure For Adopting Charter; Power, Duties, And Procedure Of Commission; Submission Of Charter To Electors.
The charter commission shall meet for organization at the time and place to be designated by the secretary, who shall notify each member elected...
Section 123.1016 Charter Of Consolidated City; Preparation, Contents; Effect Of Adoption Of Provisions In Charter.
In the preparation of a charter of a consolidated city, any power, limitation or provision granted to any of the cities or villages affected...
Section 123.1017 Corporate Status Of Municipalities; Submission Of Revised Charter To Electors; Effect Of Unfavorable Vote; Termination Of Proceedings.
(1) The corporate status of the cities and villages proposed for consolidation shall not be changed or in any way affected until the charter...
Section 123.1018 Judicial Review.
Every final decision by the commission shall be subject to judicial review in a manner prescribed in Act No. 197 of the Public Acts...
Section 123.1019 State Boundary Commission Within Department Of Treasury; Establishment.
The commission is established within the department of treasury. History: 1968, Act 191, Eff. Nov. 15, 1968 Compiler's Notes: For transfer of State Boundary...
Section 123.1020 Repeals.
Act No. 390 of the Public Acts of 1913, being sections 123.21 and 123.22 of the Compiled Laws of 1948, is repealed. History: 1968,...

Last modified: October 10, 2016