HOUSE BILL NO. 5223

July 01, 2021, Introduced by Rep. Rabhi and referred to the Committee on Government Operations.

A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending sections 74 and 381 (MCL 280.74 and 280.381).

the people of the state of michigan enact:

Sec. 74. (1) Commissioners may take acknowledgments of A commissioner may obtain releases of right of way and administer oaths in all drain proceedings in any way pertaining to drains under this act. A simple form of release of right of way and damages that shall set is legally sufficient if it sets forth, by reference to the survey of the drain , or by other convenient description, the particular land to be conveyed and if it is signed and acknowledged by the person having the right to convey. , shall be deemed a sufficient conveyance under the provisions of this act. All releases for rights of way shall be deemed A release of right of way is considered to include sufficient ground land on each side of the center line of such the drain for the deposit of the excavations therefrom. It shall from the drain. It is not be necessary for the wife spouse of an individual having the right to convey to sign the release of right of way unless she the spouse has an interest in the land other than her inchoate a right of dower. Whenever

(2) If a portion of a drain shall will be located within any a street, highway, or public place, then a resolution adopted by a majority vote of the governing body having jurisdiction over such the street, highway, or public place granting leave is a legally sufficient release of right of way if it grants permission to construct such the drain therein ,  designating and designates the place to be traversed by said the drain. , shall be a sufficient release of the right of way, and shall be deemed a sufficient conveyance under this act, and said governing body may permit the construction of an open drain if such consent Permission to construct an open drain, if granted by the governing body, must be set forth in such the resolution.

Sec. 381. Whenever the If a drain commissioner of any county shall receive receives a petition asking for the laying out, construction, cleaning out, deepening, or widening of any a drain, or a petition asking for proceedings by virtue of which any that would result in an assessment upon on lands for benefits received would result, wherein such commissioner shall be interested by reason of himself, wife or child, owning and if the commissioner or the commissioner's spouse or child owns lands that would be liable to for an assessment for benefits upon the work or proceeding proposed to be done or had, and in cases where such or the commissioner may be is otherwise disqualified to act in the making of apportionment of apportion benefits, such the commissioner shall file a copy of such the petition with the judge of probate of the county. , together with The filing shall include a statement signed by him, the commissioner and showing that he or she is disqualified to act in making such apportionment of apportion benefits.

Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution ____ (request no. 02344'21) of the 101st Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.