Michigan Compiled Laws 40-1956-21. Chapter 21. Intercounty Drains; Public Corporations. (280.511...280.549)

• Section 280.511 Definitions.
  Whenever used in this chapter, except when otherwise indicated by the context: (a) “State” means this state. (b) “Public corporation” includes this state, counties,...
• Section 280.512 Public Health; Assessment Against Public Corporations.
  Intercounty drains which are necessary for the public health may be located, established and constructed under the provisions of this chapter where the cost...
• 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 Determination.
  (1) Before filing a petition under this section, the legislative body of a public corporation shall first determine whether the drain project contemplated may...
• Section 280.514 Drainage Board; Membership; Chairperson; Appointee; Exception.
  (1) A drainage board is created for each project petitioned for under this chapter. Except as otherwise provided in subsection (3), the drainage board...
• Section 280.515 Augmented Drainage Board; Members, Compensation; Expenses.
  There is created for each project petitioned for under the provisions of this chapter, an augmented drainage board to consist of the members of...
• Section 280.516 Minutes Of Meetings; Secretary's Duties, Records, Filing.
  The secretary of the drainage board shall prepare and sign duplicate originals of the minutes of all proceedings of the drainage board and the...
• Section 280.517 Preliminary Finding; First Meeting Of Boards, Time And Place, Notice, Selection Of Secretary.
  Upon receipt of a petition as hereinbefore provided, the director of agriculture shall make a preliminary finding of the counties which, in his opinion,...
• Section 280.518 Meetings Of Drainage Board Or Augmented Drainage Board; Notice; Quorum; Action By Board; Signing Of Orders.
  Meetings of the drainage board, or of the augmented drainage board, may be called by the chairperson or 2 members of the board, on...
• 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 Of Determination; Eliminating Or Adding Public Corporation; Further Action By Drainage Board; Correction Or Addition To Proceedings.
  The augmented drainage board, at its first meeting, shall consider the petition for the project and make a tentative determination as to the sufficiency...
• 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; Altering Or Supplementing Proceedings.
  The drainage board shall proceed to secure from a competent engineer, plans, specifications, and an estimate of cost of the proposed drain, which when...
• Section 280.521 Objections To Apportionments; Notice Of Hearing; Confirmation Or Readjustment Of Apportionments; Notice Of Rehearing; Final Order Of Apportionment.
  After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear...
• Section 280.522 Lands And Rights Of Way; Condemnation; Procedure, Federal Government Participation; Prior Agreement As To Highways; Costs.
  The drainage board shall then proceed to secure the necessary lands or rights of way for the proposed drain. If the same cannot be...
• Section 280.523 Contracts With Federal Government Or Corporations; Bids.
  The drainage board may contract with the federal government, which term as used in this section shall include any agency thereof, whereby the federal...
• Section 280.524 Designation Of A County Treasurer; Deputies, Bonds; Expenditures.
  The drainage board shall designate the treasurer of 1 of the counties involved as the treasurer for said board. He may designate 1 or...
• 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 Proceedings.
  After the confirmation of the apportionments by the drainage board, the secretary of the board shall prepare a special assessment roll assessing the estimated...
• Section 280.526 Special Assessment Roll; Contents; Approval; Statement; Certification To Assessed Public Corporation; Installments And Interest; Advances From County Funds; Notice; Deduction; Reimbursement; Assessments Against State; Sufficiency Of Taxes; Corrected Roll; Altering Or Supplementing Proceedings.
  The special assessment roll shall contain the name of each public corporation assessed, the total estimated cost of the project, or actual cost if...
• Section 280.527 Statutory Or Charter Tax Limitation Inapplicable; Rate Or Amount Of Taxes.
  Taxes levied by a public corporation for the payment of assessments hereunder shall not be deemed to be within any statutory or charter tax...
• Section 280.528 Bonds; Issuance, Maturity, Signatures; Collection Of Assessments.
  The drainage board may issue 1 or more series of bonds for and on behalf of the drainage district, in anticipation of the collection...
• Section 280.529 Additional Assessment; Apportionment.
  If for any reason the original assessments shall not be sufficient to pay the principal and interest on bonds issued in anticipation of the...
• Section 280.530 Drainage Board; Continuation; Responsibility; Expenses; Relinquishment; Moneys, Disposition; Consent.
  The drainage board for each project shall continue in existence with such changes in personnel as shall result from changes in the offices of...
• Section 280.531 Advances By Corporations; Reimbursement.
  Any public or private corporation, firm, or individual may advance money for the payment of any part of the cost of a project under...
• Section 280.532 Venue Of Actions; Appointment Of Circuit Judge.
  Any action arising from the provisions of this chapter except such actions as may be brought directly in the supreme court may be brought...
• Section 280.533 Costs; Items.
  The cost of any drain project shall include (1) the cost of constructing or acquiring the facilities, structures, devices and equipment required to locate,...
• Section 280.534 Deputy For Director Of Agriculture; Powers.
  The director of agriculture may designate a deputy or an assistant to act in his stead in respect to the performance of his duties...
• Section 280.535 Improvements Or Additions To Drains For Public Health.
  Any 1 or more intercounty drains or any portion thereof, now or hereafter existing, may be cleaned out, relocated, widened, deepened, straightened, extended, tiled,...
• Section 280.536 Certiorari; Time; Legal Establishment Of Drain.
  Neither the final order of determination nor the final order of apportionment shall be subject to attack in any court except by proceedings in...
• Section 280.537 Procedures; Incorporation Of Other Chapters In Drainage Board Orders.
  In operating under the terms of this chapter, the several boards and officials shall not be limited by the provisions contained in other chapters...
• Section 280.538 New Cities; Service Of Notice On Township Clerk Or De Facto City Officer.
  Whenever a new city has been or shall be incorporated but such incorporation shall not have been completed by the adoption of a city...
• 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 Share Of Costs.
  (1) If the legislative body of a public corporation which is subject to assessment under this chapter pursuant to apportionments made under this chapter,...
• 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; Use Of Special Assessment Collections; Reduction Of Annual Levy; Charges.
  (1) Subject to the requirements of section 538a, if the legislative body of a public corporation, which has been assessed under this chapter, determines...
• Section 280.540 Relief Drains.
  When 2 or more public corporations, constituting as a whole contiguous territory, are served by 1 or more intercounty drains or by a combination...
• Section 280.541 River, Creek, Or Watercourse; Petition To Inclusion In Jurisdiction.
  A petition meeting the requirements of this chapter as to petitioners, execution and filing may request, for reasons of public health, that jurisdiction be...
• Section 280.542 River, Creek, Or Watercourse; Petition; Content, Deposit To Pay Costs, Filing; Drainage Board, Hearing And Notice.
  The petitioners named in a petition filed pursuant to section 541, shall include therein an agreement to pay the amount of, or shall accompany...
• Section 280.543 River, Creek, Or Watercourse; Board Determination, Final Order, Contents, Recording, Effect.
  After the hearing, the augmented drainage board shall determine whether or not it will assume such jurisdiction and perform the work proposed, if any,...
• Section 280.544 River, Creek, Or Watercourse; Final Order Of Determination; Recording Effect On Private Rights.
  The recording of the description does not appropriate, terminate or lessen any private rights in property, real or personal, except such as shall be...
• Section 280.545 River, Creek, Or Watercourse; Assessment Of Costs, Hearing; Powers.
  Before any work, other than preparation of the description and the approval, adoption and recording of the same, is done or rights in or...
• Section 280.546 Drainage Board Funds; Investment Of Surplus, Interest.
  The drainage board may direct the treasurer of any drainage district to invest any surplus funds belonging to and under the control of the...
• Section 280.547 Surplus Construction Funds; Use; Transfer; Provisions Of Contract With Public Corporation; Return Of Funds; Applicability Of Mcl 280.547a; Definition.
  (1) The drainage board shall use any surplus construction funds remaining in the construction fund after completion of the project for the inspection, repair,...
• Section 280.547a Surplus Construction Funds; Disposition; Use.
  (1) After the construction of a county drain for which none of the financing is obtained through special assessments under section 539, the drainage...
• Section 280.548 Pollution In Intercounty Drain; Abatement; Petition.
  Whenever the water resources commission or successor agency has determined that pollution exists in an inter-county drain which services any city, village or township...
• Section 280.549 Assessments Against Townships And Villages.
  Unless otherwise provided by the drainage board or the appropriate drain commissioner, assessments against a township shall be against the township as a whole,...

Last modified: October 10, 2016