HB-4642, As Passed House, August 8, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4642

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 6 (MCL 280.6).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. All established drains regularly located and

established in pursuance of under law existing in effect at the

time of location and establishment and visibly in existence, which

were established as drains, and all drains visibly in existence

evidenced in written drain easements or rights of way on file in

the office of the drain commissioner , shall be deemed are public

drains located in public easements or rights of way which are valid

and binding against any owners of any property interest who became

or hereafter become such owners after the location and

establishment of the drain or the existence of the drain became

visible or the written drain easement or right of way was executed.

, and the The drain commissioner or drainage board may use, enter

upon, and preserve such the easement or right of way for

maintenance of the visible drain and any other lawful activity with

respect to the same drain not requiring a larger or different

easement or right of way and may exercise any rights granted in the

written easement or right of way on file in the office of the drain

commissioner. Drains that are visibly in existence are open or

closed drains that can be visibly identified by banks, slopes,

manhole covers, or other structures that would identify the

existence of a drain. Easements or rights of way, or portions of

easements or rights of way, no longer necessary for drainage

purposes may shall be conveyed or released to the fee owners

landowners by the drain commissioner or drainage board on behalf of

the drainage district. The drain commissioner or drainage board

shall give at least 30 days' notice of the intention to release the

excess easements by publishing a notice in a newspaper of general

circulation in the county or a newspaper of general circulation

where the drainage district boundaries are located. This notice

shall give a general description of the excess easements to be

released and the date any taxpayers may appear to protest said that

release. After said date if no protests are received, the drain

commissioner or drainage board may release said excess easements or

portions thereof not necessary for drainage purposes. The drain

commissioner or drainage board shall consider any protests or

public comments received by that date before determining that an

easement or portion of an easement is not necessary for drainage

purposes and before releasing the excess easement or portions of

those easements.