HOUSE BILL NO. 4770
June 15, 2023, Introduced by Reps. Hill and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 74 and 381 (MCL 280.74 and 280.381).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 74. (1) Commissioners may take acknowledgments of A
2 commissioner may obtain releases of right of way and administer
3 oaths in all drain proceedings in any way pertaining to drains
4 under this act. A simple form of release of right of way and
5 damages that shall set is legally sufficient if it sets forth, by
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1 reference to the survey of the drain , or by other convenient
2 description, the particular land to be conveyed and if it is signed
3 and acknowledged by the person having the right to convey. , shall
4 be deemed a sufficient conveyance under the provisions of this act.
5 All releases for rights of way shall be deemed A release of right
6 of way is considered to include sufficient ground land on each side
7 of the center line of such the drain for the deposit of the
8 excavations therefrom. It shall from the drain. It is not be
9 necessary for the wife spouse of an individual having the right to
10 convey to sign the release of right of way unless she the spouse
11 has an interest in the land other than her inchoate a right of
12 dower. Whenever
13 (2) If a portion of a drain shall will be located within any a
14 street, highway, or public place, then a resolution adopted by a
15 majority vote of the governing body having jurisdiction over such
16 the street, highway, or public place granting leave is a legally
17 sufficient release of right of way if it grants permission to
18 construct such the drain therein , designating and designates the
19 place to be traversed by said the drain. , shall be a sufficient
20 release of the right of way, and shall be deemed a sufficient
21 conveyance under this act, and said governing body may permit the
22 construction of an open drain if such consent Permission to
23 construct an open drain, if granted by the governing body, must be
24 set forth in such the resolution.
25 Sec. 381. Whenever the If a drain commissioner of any county
26 shall receive receives a petition asking for the laying out,
27 construction, cleaning out, deepening, or widening of any a drain,
28 or a petition asking for proceedings by virtue of which any that
29 would result in an assessment upon on lands for benefits received
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1 would result, wherein such commissioner shall be interested by
2 reason of himself, wife or child, owning and if the commissioner or
3 the commissioner's spouse or child owns lands that would be liable
4 to for an assessment for benefits upon the work or proceeding
5 proposed to be done or had, and in cases where such or the
6 commissioner may be is otherwise disqualified to act in the making
7 of apportionment of apportion benefits, such the commissioner shall
8 file a copy of such the petition with the judge of probate of the
9 county. , together with The filing shall include a statement signed
10 by him, the commissioner and showing that he or she is disqualified
11 to act in making such apportionment of apportion benefits.
12 Enacting section 1. This amendatory act does not take effect
13 unless Senate Joint Resolution ____ or House Joint Resolution F
14 (request no. 00367'23) of the 102nd Legislature becomes a part of
15 the state constitution of 1963 as provided in section 1 of article
16 XII of the state constitution of 1963.
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Statutes affected:
House Introduced Bill: 280.74, 280.381