Sec. 1.
Drains may be laid along and within the limits of or across any public highway: Provided, That when it is proposed to construct a drain in whole or in part along a public highway, the owners of the land abutting on the side of the highway along which such drain is proposed to be laid, shall be considered as still owning the fee of such land, and it shall be necessary for the county drain commissioner to obtain from them severally a release of their rights to so much of said highway as is necessary and proposed to be taken for the right of way of said drain, and for all damages on account thereof. In case such release is not executed within the time (a) prescribed in section 4 of chapter 3, such release (b) shall be obtained in the same manner as is provided in this act for obtaining private lands.
History: 1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4510 ;-- CL 1929, 4139 ;-- CL 1948, 235.1 Compiler's Notes: Section 4 of Chapter 3, referred to in this section, evidently derives from Act 254 of 1897, the provisions of which were superseded by Act 316 of 1923, which in turn was repealed by Act 247 of 1949, Act 40 of 1953, and Act 40 of 1956.
Structure Michigan Compiled Laws
Chapters 220 - 244 - General Highway Law
Act 283 of 1909 - Public Highways and Private Roads (220.1 - 244.10)
283-1909-XV - Chapter XV Drains (235.1...235.8a)
Section 235.1 - Drain in Public Highway; Release of Right-of-Way, Damages.
Section 235.3 - Open Drain in Highways; Consent of Commissioner, Location, Disposition of Earth.
Section 235.4 - Open Drain in Highway; Drain Commissioner to Apportion Costs.
Section 235.5 - Drain Across Adjacent Land; Acquisition of Right-of-Way, Approval of Board, Deed.
Section 235.6 - Report to Township Electors; Contents; Highway Drain Fund, Use of Surplus.
Section 235.7 - Report on Construction; Contents, Filing; Powers Limited to Highway Drainage.