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.