Sec. 101.
(1) Before any action is taken on a petition to locate, establish, and construct a drain that will traverse lands in more than 1 county, or affect more than 1 county, an application shall be filed with a commissioner having jurisdiction of any of the lands to lay out and designate a drainage district. The application shall tentatively describe the location and route of the proposed drain. Except as provided in subsection (2), the application shall be signed by a number of freeholders in the drainage district whose lands would be liable to an assessment for benefits, equal to 50% of any of the freeholders whose lands would be traversed by the drain or drains applied for or that abut on any highway or street along the side of which the drain extends, between a point where the drain enters the highway and the point where it leaves the highway and which lands are within the drainage district. The eligibility of the signers to the application shall be determined by their interest of record in the office of the register of deeds, in the probate court, or in the circuit court of the county in which the lands are situated at the time the petition is filed.
(2) An application under subsection (1) may be signed by a representative of the city, village, or township if authorized by its governing body, if the proposed drain is necessary for the public health of the city, village, or township, and if the city, village, or township will be liable for an assessment at large against it for a percentage of the cost of the proposed drain.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 2014, Act 551, Imd. Eff. Jan. 15, 2015
Popular Name: Act 40
Last modified: October 10, 2016