Michigan Laws 247.857 – Final determination of board; time; notice; effect of denial; effective date
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(1) Within 90 days after the first convening, the board shall make a final determination in writing on the transfer of jurisdiction of the highway and shall prescribe the terms and conditions for the transfer in accordance with section 8. The board shall so notify highway authorities that are parties to the dispute.
(2) If the transfer is denied, final determination proceedings shall not again be initiated with regard to the same highway for a period of 5 years from the date of the board’s determination except that if the proposed transfer is related to the opening of a new relocated highway, final determination proceedings may be initiated again 1 year after the date of the board’s determination.
Terms Used In Michigan Laws 247.857
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Board: means the highway jurisdiction determination board. See Michigan Laws 247.851
- Highway: means a highway, road or street. See Michigan Laws 247.851
- 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.
(3) If the transfer is affirmed, the transfer shall be without consent and shall become effective at a time determined by the board in accordance with the following, unless another effective date is agreed to by both highway authorities:
(a) If the transfer is not related to the opening of a new, relocated highway, the transfer shall be effective not less than 1 year from the July 1 next following the date of the board’s final determination or not less than 30 days following the completion of required improvements or payment of the cost of improvements, whichever is later.
(b) If the transfer is related to the opening of a new, relocated highway, the transfer shall be effective upon the opening of the new highway or following the completion of the improvements or payment of the cost of improvements on the highway being transferred, whichever is later, unless otherwise provided by agreement.
(4) The determination, terms and conditions as prescribed by the board shall be binding upon both highway authorities.
(5) At any time the parties, by written agreement, may amend or modify the determination, terms and conditions prescribed by the board.