April 24, 2007, Introduced by Reps. Mayes, Sheltrown, Rick Jones, Accavitti, Gillard, Ball, Miller, Nitz, Donigan, Young and Walker and referred to the Committee on Agriculture.
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 include 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.