HOUSE BILL No. 5713


     February 21, 2002, Introduced by Rep. Julian and referred to the Committee on House Oversight and Operations.


        A bill to amend 1956 PA 40, entitled

   "The drain code of 1956,"

   by amending sections 271 and 323 (MCL 280.271 and 280.323).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 271.  Any drain taxes that may have been assessed and

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        returned upon any lands under  and by virtue of the provisions

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        of  any drain law  heretofore  enacted BEFORE THIS ACT and

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        remaining unpaid, may be sued for by the commissioner of the

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        county in which  such  THE delinquent lands are situated in  an

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        action of assumpsit before  any court of competent jurisdiction

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        and collected from the owner of  such  THE lands or  such  THE

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        taxes, if properly returned to the county treasurer, may be

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        ordered charged back by the  board of supervisors  COUNTY BOARD

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        OF COMMISSIONERS and reassessed upon  such  THE lands in the same

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        manner that unpaid or rejected taxes may be charged back by the


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         auditor general  STATE TREASURER and reassessed under the

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        general provisions of law.

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             Sec. 323.  Before a drain  shall be  IS constructed along a

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        public highway, THE DRAIN COMMISSIONER OR DRAINAGE BOARD SHALL

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        CONSULT WITH AND OBTAIN THE WRITTEN CONSENT OF the highway

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        authorities having jurisdiction over the highway,  shall be con-

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        sulted and their consent shall be obtained in writing,  as to the

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        proposed location  and what disposition shall be made  OF THE

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        DRAIN AND THE DISPOSITION of all material excavated.  Whenever an

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        apportionment is made against a state trunk line highway, the

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        amount of the assessment based on  such  THE apportionment shall

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        be paid out of any state  trunk line highway  TRANSPORTATION

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        funds on hand.  in the state treasury.  On or before December 1

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        of the year when  such  THE assessment is made, the drain commis-

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        sioner OR DRAINAGE BOARD shall certify to the  auditor general

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        STATE TREASURER the amount due from the state to  such  THE

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        drainage district by reason of the assessment of benefits, and

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        the  auditor general  STATE TREASURER shall, if satisfied of the

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        correctness of such certificate, cause the  same  CERTIFICATE to

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        be paid within 30 days thereafter.

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              When  IF a ditch or drain  has been  WAS constructed prior

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        to 1923 primarily for drainage of private lands, and WAS con-

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        structed along a public highway, and IF the records including the

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        original survey of  such  THE drain are not of public record nor

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        turned over to the county drain commissioner, or have not been

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        entered in the records of the county drain commissioner as a

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        county drain, then the actual location of  such  THE drain shall



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        be sufficient to make  such  THE drain comply with the provisions

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        of this act with respect to the location thereof, and  such  THE

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        drain shall be a county drain upon compliance with the other pro-

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        visions of this act with respect to county drains.  No proceed-

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        ings shall be instituted for the widening of  such  THE drain or

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        the deepening thereof below its original bottom.












































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