THE DRAIN CODE OF 1956 (EXCERPT)
Act 40 of 1956
280.128 Condemnation proceedings; appointment of special commissioners, qualifications.
In case all the persons whose lands are to be traversed or damaged by such drain or drains, as proposed in this chapter, shall not within 60 days after the issue of the first order of determination have voluntarily released the right of way therefor, and all damages on account thereof, the drainage board shall apply to the judge of probate of the county in which such lands are situated for the appointment of 3 special commissioners. When such application shall be made and when all papers shall have been found to be in conformity with the provisions of this act, the court to whom such application has been made shall, within 60 days from the filing of said application, appoint such special commissioners and shall deliver to each drain commissioner a certified copy of the order of the appointment of such special commissioners. Such special commissioners shall be resident freeholders of the county and not residents of the township or townships to be affected by the proposed drain in which they are appointed. All proceedings had in the appointment of special commissioners, the issuance of service of citations, hearings by the probate court and by the special commissioners and the return of special commissioners under the provisions of this chapter shall be similar to those provided in chapter 4, being sections 71 to 84.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Am. 1965, Act 108, Imd. Eff. June 30, 1965
Popular Name: Act 40
© 2009 Legislative Council, State of Michigan