Sec. 1.
In every case where a public highway has been or shall be encroached upon by any fence, building, or other encroachment, the commissioner or commissioners having jurisdiction over the road may make an order under his or their hand requiring the owner or occupant of the land through or by which such highway runs, and of which such fence, building, or other encroachment forms a part of the enclosure, to remove such encroachment from such highway within 30 days. A copy of such order shall be served upon such owner or occupant, and every such order shall specify the width of the road, the nature of the encroachment and its location with relation to the center line of the road, and the township, section and fraction thereof in which it may be: Provided, The commissioner or commissioners having the matter in charge may issue temporary permits for fences for the protection of improvements on the adjacent land.
History: 1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4041 ;-- CL 1948, 247.171 Former Law: See section 1 of Ch. 7 of Act 283 of 1909, being CL 1915, ยง 4401.
Structure Michigan Compiled Laws
Section 247.171 - Encroachments; Removal Order, Service; Temporary Permit.
Section 247.173 - Encroachments; Denied, Notice to Commissioner; Trespass Action.
Section 247.174 - Trespass Action; Brought by Commissioner.
Section 247.175 - Trespass Action; Pleadings and Trial.
Section 247.176 - Trespass Action; Trial and Verdict.
Section 247.177 - Trespass Action; Trial and Appeal.
Section 247.178 - Encroachment; Removal by Commissioner; Penalty on Owner or Occupant for Neglect.
Section 247.179 - Encroachment; Removal, Interference, Penalty.
Section 247.181 - Loose Obstructions, Logs, or Wood; No Value, Compensation for Removing.
Section 247.182 - Obstructions; Road Fence if Dangerous, Penalty.
Section 247.184 - Consent of County or State to Construction.
Section 247.185 - Paramount Rights of Public; Injury to Trees and Shrubs; Regulation of Rights.
Section 247.186 - Public Utility; Placing Poles, Fixtures, Wires, or Cables.
Section 247.187 - Encroachments; Removal, Expense of Removal by Commissioner.
Section 247.188 - Obstructions to Traffic; Moving; Permit, Bond; Penalty.
Section 247.189 - Repealed. 2020, Act 264, Eff. Mar. 29, 2021.
Section 247.190 - Width of Highway; Encroachment Does Not Give Right to Land.