THE DRAIN CODE OF 1956 (EXCERPT)
Act 40 of 1956
280.197 Surveying drain or district, laying out new district, or making profiles, plans, or estimates of work; filing data; land added to drainage district; meeting of board of determination; notice; affidavit of mailing; failure to receive notice; expense of notification; reconvening and order of board of determination; locating, establishing, and constructing of drains.
(1) On receipt of a petition filed under this chapter, the commissioner or the drainage board may require a competent surveyor or engineer to make a survey of the drain or of the district, or a portion of the drain or district, or if necessary, lay out a new district including the land benefited, or make profiles, plans, or estimates of the work and file all data concerning the profiles, plans, or estimates with the commissioner or the chairperson of the drainage board. If it appears that land has been added to the drainage district, the drain commissioner for a county drain, or the chairperson of the drainage board for an intercounty drain, shall notify the board of determination who allowed the petition that the land should be added to the district. The drain commissioner or chairperson of the drainage board shall call a meeting of the board of determination. If a member of the board of determination is disqualified or unable to act, then the member's place shall be filled by appointment as in the first instance. The notice shall specify the time, date, and place within the drainage district at which the board of determination shall reconvene. The drain commissioner or chairperson of the drainage board also shall cause the notice to be published once in a newspaper of general circulation in the county or a newspaper of general circulation in the area where the drain improvement is contemplated at least 10 days before the meeting. Notice of the time and place of the meeting, by first class mail, shall be sent at least 10 days before the date of the meeting, to each person whose name appears upon the last city or township tax assessment roll as owning land within the enlarged 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 the person. The drain commissioner 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 upon the tax rolls as owning land within the enlarged drainage district. The affidavit shall be conclusive proof that notice was mailed to each person to whom notice is required to be mailed by this section. The failure to receive a notice by mail shall not constitute a jurisdictional defect invalidating a drain proceeding or tax, if notice was sent by first-class mail as provided in this section. All expense of notification shall be paid by the drainage district.
(2) At the time, date, and place designated by the drain commissioner or the chairperson of the drainage board the board of determination shall reconvene. Upon reconvening, if the board of determination by a majority vote of members finds the proposed addition of the land to the drainage district necessary and conducive to the public health, convenience, or welfare, they shall make an order to that effect and file the order with the drain commissioner or drainage board. The drain commissioner or drainage board shall take the steps and perform the acts which are required for the locating, establishing, and constructing of drains as designated in chapter 4 or chapter 6.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Am. 1958, Act 87, Imd. Eff. Apr. 11, 1958
Am. 1961, Act 212, Imd. Eff. June 6, 1961
Am. 1963, Act 215, Imd. Eff. May 17, 1963
Am. 1963, Act 228, Eff. Sept. 6, 1963
Am. 1965, Act 138, Eff. Mar. 31, 1966
Am. 1978, Act 235, Imd. Eff. June 15, 1978
Popular Name: Act 40
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