Bill Text: MI HB4286 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Drains; districts; addition of county to or removal of county from drainage district; provide for. Amends secs. 135 & 197 of 1956 PA 40 (MCL 280.135 & 280.197).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-07-12 - Assigned Pa 62'17 With Immediate Effect [HB4286 Detail]
Download: Michigan-2017-HB4286-Engrossed.html
HB-4286, As Passed House, April 26, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 4286
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending sections 135 and 197 (MCL 280.135 and 280.197), section
197 as amended by 2013 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
135. If at any time after an a
county or intercounty
drainage
district has been established and a drain has been
located,
established and constructed therein, drain is constructed,
it appears that it is necessary to extend the drain or drainage
district
into a county which that was not a part of the original
intercounty
drainage district, the lands in the county may be added
to
the district drainage
district or to remove lands from the
original drainage district resulting in the removal of a county
from an intercounty drainage district, the lands may be added to or
removed from the drainage district pursuant to section 197(3) or by
presenting
to the drain commissioner of one 1 of the counties
traversed or affected by the drain, a petition signed by 50% of the
land
owners landowners whose land is traversed by the drain or
proposed
extended drain, which or
abuts on the part of a highway or
street along the side of which the drain or proposed extended drain
runs, between the point where the drain enters the highway and the
point where it leaves the highway. Instead of landowners, the
petition may be signed solely by a city, village, or township if
authorized by its governing body or by any combination of
municipalities, if the petitioning municipality or municipalities
are or will be liable to assessment at large for a percentage of
the cost of the drain. The petition shall state the name or number
of
the drain, and identify the lands which it is desired to have
proposed to be added to or removed from the drainage district. Upon
receipt of the petition, the drain commissioner shall mail a copy
of
the petition to the state director of the department of
agriculture and rural development and also to the drain
commissioner
of each county in which lie lands liable for
assessments
for the proposed extended drain or proposed extended
drainage
district. The state where the
original or proposed revised
drainage district is located. The director of agriculture and rural
development
shall call a meeting of the drainage
board, including
the
commissioner of any county in which lie lands that have been
added
to the which shall include
the commissioner of each county
where the original or proposed revised drainage district is
located. Notices of such the meeting
and all other proceedings
shall
be in accordance with the provisions of section 197 of this
act,
as amended. provided pursuant
to section 197. At the meeting,
all persons owning lands in the drainage district or proposed
revised drainage district liable to assessment for benefits, or any
district
or municipality affected, may
appear for or against the
addition
or removal of such the lands. The board shall
consider the
petition
and any evidence offered. , and if it is determined If the
board determines that the extension of the drain or drainage
district or the removal of lands from the drainage district is
necessary
for the good of the public health, convenience, or
welfare, it shall then proceed to determine the just percentage of
the
whole cost of construction which that each county shall bear,
and
also determine and the number of installments in which the
drain
taxes shall be collected. In case If the commissioners cannot
agree on the apportionment between counties or the number of
installments,
the chairman chairperson shall determine the same.
these, subject to appeal under section 106. If, in the opinion of
the
expanded drainage board, it is found necessary to add the
lands
to
the drainage district, they revise
the drainage district
boundaries,
the board shall also enter an order adding
the lands.
to
that effect. Copies of the order adding
the lands to the
drainage
district shall be filed with the
drain commissioner of
each
county liable for assessments of the extended drain or
extended
in the revised drainage district. Copies of the an order
adding the lands to the drainage district shall also be served upon
all
persons whose lands have been added to said the drainage
district
according to section 154 of this act, as amended. in the
same manner as provided in section 154(3). After the order is
filed, the expanded
revised drainage board shall constitute
constitutes the drainage board for the expanded drainage district
and
shall have has all the powers which are given to and duties of
drainage
boards by this act, as amended.under
this act.
Sec. 197. (1) Upon receipt of a petition filed under this
chapter, the drain commissioner or the drainage board may retain
the services of a licensed professional surveyor or engineer to
make a survey of the drain and may review the drainage district
boundaries, or a portion of the drain or drainage district, or if
necessary, lay out a revised drainage district including the land
benefited, or make profiles, plans, or estimates of the work and
file all data concerning the revisions, profiles, plans, or
estimates with the drain commissioner or the chairperson of the
drainage board.
(2) If, after a survey of the drain or a review of the
drainage district boundaries under subsection (1) or after an
inspection under section 196, it appears that the boundaries of the
drainage district should be revised, the drain commissioner for a
county drain, or the drainage board for an intercounty drain, shall
either convene the board of determination pursuant to subsection
(3)
(4) or hold a day of review of district boundaries pursuant
to
subsection
(4) (5) and, after notice and review as provided in this
section, revise the boundaries of the drainage district to include
all lands benefited by the drain as recommended by a licensed
professional surveyor or engineer.
(3) If, after an inspection under section 196 and a review of
the drainage district boundaries, a drain commissioner or drainage
board determines that the boundaries should be revised and that
lands, in a county or counties not part of the original drainage
district, should be added to the drainage district or lands in an
intercounty drainage district should be removed resulting in the
removal of a county from the intercounty drainage district, the
drain commissioner or drainage board shall serve notice on the
director of agriculture and rural development and the drain
commissioner of each county where there are lands proposed to be
added to or removed from the drainage district. The director of the
department of agriculture and rural development shall call a
meeting of the drainage board, which shall include the commissioner
of each county where the drainage district or proposed revised
drainage district is located. At least 10 days before the date of
the meeting, the drainage board shall send notice of the meeting by
first-class mail to each city, village, and township in the
original or proposed revised district and each person whose name
appears on the last city or township tax assessment roll as owning
lands in the original or proposed revised drainage district, at the
address shown on the roll. If an address does not appear on the
roll, notice need not be mailed to that person. At the meeting, all
persons owning lands in the drainage district or proposed revised
drainage district liable to assessment for benefits, or any
municipality affected, may appear for or against the addition or
removal of the lands. The drainage board shall consider any
evidence offered and determine whether the addition or removal of
the lands is just and equitable. If the addition or removal of the
lands is just and equitable, the board shall file an order to that
effect. The order shall give the drain a name or number, designate
the drainage district, describe the route and course of the drain
and drainage district boundaries, and, if the drainage district as
revised is an intercounty drainage district, designate the members
constituting the revised drainage board and determine the
apportionment between counties. A copy of the order shall be filed
with the drain commissioner of each county liable for assessments
of the drainage district. If the drainage district as revised is an
intercounty drainage district, after the order is filed, the
revised drainage board constitutes the drainage board for the
revised drainage district and has all the powers and duties of
drainage boards under this act. If the drainage district as revised
is an intercounty drainage district, the revised drainage board
shall revise the drainage district boundaries during the hearing of
necessity as provided in subsection (4) or hold a day of review of
drainage district boundaries as provided in subsection (5). If the
drainage district as revised is a county drainage district, the
original drainage board shall revise the drainage district
boundaries during the hearing of necessity as provided in
subsection (4) or hold a day of review of drainage district
boundaries as provided in subsection (5) and, following the order
revising the drainage district boundaries, the drain commissioner
shall have all the powers and duties for a county drain established
under this act.
(4) (3)
If, before the hearing of necessity for a petition,
the drain commissioner or drainage board determines that the
boundaries
of the drainage district should be revised, prior to the
hearing
of necessity for a petition, the
drain commissioner for a
county drain, or the chairperson of the drainage board for an
intercounty drain, may request that the board of determination
revise the drainage district boundaries during the hearing of
necessity as provided in section 72 or 122. If the board of
determination by a majority vote of members finds that the addition
or deletion of lands will more accurately define the boundaries of
the land benefited by the drain and it would be just and equitable,
they
the board shall describe the revised drainage district
boundaries in the order of necessity for the drain.
(5) (4)
If the drain commissioner or
drainage board determines
to hold a day of review of drainage district boundaries, the lands
comprising
the drainage district revised in accordance with under
this section shall be subject to review for not less than 1 day
from 9 a.m. until 5 p.m. The review shall be conducted at a
location designated by the drain commissioner or drainage board. At
the review, the drain commissioner or drainage board or its
designee shall hear the proofs and allegations and shall carefully
reconsider and review the description of land comprised within the
drainage district. If the drain commissioner or drainage board
finds that the addition or deletion of lands will more accurately
define the boundaries of the land benefited by the drain and it
would be just and equitable, the drain commissioner or drainage
board shall issue an order describing and establishing the revised
drainage district boundaries supported by substantial, material,
and competent evidence.
(6) (5)
A notice for review of revised
drainage district
boundaries
under subsection (4) (5) shall specify the date, time,
and
place at which the review shall will
take place and provide a
general
description of the lands proposed to be added or deleted in
whole or in part to be added or removed from the drainage district.
This notice shall be sent by first-class mail at least 10 days
before the date of the review to each city, village, and township
in the revised district, and each person whose name appears on the
last city or township tax assessment roll as owning lands within
the revised drainage district, at the address shown on the roll. If
an address does not appear on the roll, then notice need not be
mailed to that person. The drain commissioner or drainage board
shall make an affidavit of the mailing and shall recite in the
affidavit that the persons to whom the notice was mailed constitute
all of the persons whose names and addresses appear on the tax
rolls as owning lands within the revised drainage district. The
affidavit
shall be is conclusive proof that notice was mailed to
each person to whom notice is required to be mailed by this
section. Failure to receive a notice by mail is not a
jurisdictional defect invalidating a drain proceeding or
assessment, if notice was sent by first-class mail as provided in
this section. The drain commissioner or chairperson of the drainage
board shall also cause the notice to be published once in a
newspaper of general circulation in the county or counties in which
the drainage district is located at least 10 days before the
review. All expense of notification shall be paid by the drainage
district.
(7) (6)
The owner of any land in the
drainage district, the
state transportation department, or any city, village, township,
district,
or county having control of any
highway in the drainage
district, that is aggrieved by a determination to revise, or not to
revise, drainage district boundaries as provided for in this
section may, within 10 days after the order to revise the drainage
district
boundaries has been is entered, institute an action in the
circuit court for the county in which the real property is located
for
a determination of whether the decision to add or delete
property
to or from revise, or not to
revise, the drainage district
boundaries is supported by substantial, material, and competent
evidence. The addition or removal of a county or counties to or
from the drainage district under subsection (3) is subject to
review in the manner provided in section 106.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
