Michigan Laws 247.662c – Placing county primary road under jurisdiction of city or village; request; response by county road commission; appeal; hearing; determination
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(1) A city or village which desires to have a county primary road, which is under the jurisdiction of a county road commission and which lies within the corporate limits of the city or village, placed under the jurisdiction of the city or village, shall present a resolution of its governing body to the appropriate county road commission requesting that the county primary road be placed under the jurisdiction of the city or village. The county road commission shall respond to the request, in writing, within 90 days after its receipt of the request.
(2) If the county road commission rejects the request within 90 days after its receipt of the request, the city or village, by resolution of its governing body, not sooner than 30 days after, nor later than 90 days after, the decision of the county road commission, may appeal the decision of the county road commission to the state transportation commission.
Terms Used In Michigan Laws 247.662c
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- commission: means the state transportation commission established in section 28 of article V of the state constitution of 1963. See Michigan Laws 247.660c
- County road commission: means the board of county road commissioners elected or appointed pursuant to section 6 of chapter IV of 1909 PA 283, MCL 224. See Michigan Laws 247.660c
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Maintenance: means routine maintenance or preventive maintenance, or both. See Michigan Laws 247.660c
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(3) If the county road commission does not respond, in writing, within 90 days after its receipt of the request, the city or village, by resolution of its governing body, not sooner than 30 days after, nor later than 90 days after, the expiration of the 90-day period for a response, may petition the state transportation commission for a hearing on the request.
(4) The state transportation commission, after notice and an opportunity for a hearing on the appeal under subsection (2) or the petition under subsection (3), shall review the merits of the request. The state transportation commission in its determination as to whether the county primary road shall be placed under the jurisdiction of the city or village, shall consider all of the following:
(a) The benefits of the requested transfer to the city or village making the request.
(b) The benefits of the requested transfer to the users of the county primary road.
(c) The benefits of the requested transfer to the county with respect to the maintenance of a county road arterial network.