Michigan Laws 280.103 – Chairperson of drainage board; disqualification of member; determination of practicability; survey
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Terms Used In Michigan Laws 280.103
- drain: whenever used in this act , shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission. See Michigan Laws 280.3
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The director of the department of agriculture and rural development or a deputy selected by the director shall act as chairperson at the meeting of the drainage board under section 102. The drainage board shall consider the application to lay out and designate a drainage district and do all of the following at the meeting:
(a) Determine the sufficiency of the signatures on the application. If the signatures are insufficient, no further action shall be taken on that application.
(b) Consider the route and type of construction of the proposed drain.
(c) Take testimony to determine the practicability of the proposed drain.
(2) If a member of the drainage board would be disqualified under section 381 and 383 from making an apportionment of benefits, both of the following apply:
(a) The drainage board member is disqualified from participation in the determination of practicability.
(b) A special commissioner shall be appointed pursuant to section 381 to serve as a member of the drainage board to determine practicability.
(3) The owner of any lands that would be liable to assessment for benefits for the proposed drain or would be crossed by the drain or any city, township, or village affected may appear for or against the drain proceedings. If at the meeting or at any subsequent time before the entry of the order designating a drainage district, the drainage board determines that the drainage of the proposed drain area is not practicable, no further action shall be taken on that application within 1 year. If the proposed drain is determined to be practicable, then the drainage board shall cause a survey to be made by a licensed professional surveyor or engineer to ascertain the area that would be benefited by the proposed drain and the route and type of construction of drain or drains most serviceable for that purpose.