Michigan Compiled Laws
Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191)
Section 247.173 - Encroachments; Denied, Notice to Commissioner; Trespass Action.

Sec. 3.
If the person upon whom the copy of such order shall be served at any time before the expiration of said 30 days, by a written notice served upon the commissioner or commissioners, deny such encroachment either in whole or in part, or shall deny the existence of a highway where such encroachment is claimed to exist, the commissioner or commissioners, instead of proceeding to remove such encroachment, shall commence an action of trespass against the person upon whom the copy of such order was served, as hereinafter provided.
History: 1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4043 ;-- CL 1948, 247.173 Former Law: See section 2 of Ch. 7 of Act 283 of 1909, being CL 1915, ยง 4402.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 247 - Highways

Act 368 of 1925 - Highway Obstructions and Encroachments; Use of Highway by Public Utilities (247.171 - 247.191)

Section 247.171 - Encroachments; Removal Order, Service; Temporary Permit.

Section 247.171a - Rights-of-Way, Bridges, Towers, and Welcome Centers; Use to Provide Travel-Related Information Through Electronic Technologies.

Section 247.172 - Encroachments; Removal by Commissioner, Penalty, Expense Charged to Occupant, Collection by Tax; Limitation.

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 247.180 - Loose Obstructions, Logs, or Wood; Notice to Remove; Removal; Removal by Commissioner, Sale; Proceeds, Disposition.

Section 247.181 - Loose Obstructions, Logs, or Wood; No Value, Compensation for Removing.

Section 247.182 - Obstructions; Road Fence if Dangerous, Penalty.

Section 247.183 - Public Utilities, Cable Television Companies, Broadband Companies, and Municipalities; Construction and Maintenance of Structures; Consent of Governing Body; Construction and Maintenance of Utility Lines and Structures Longitudinall...

Section 247.184 - Consent of County or State to Construction.

Section 247.184a - Surveillance of Occupied Manhole; Exceptions; Training and Duties of Second Employee.

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.

Section 247.191 - Act Inapplicable to Encroachments and Obstructions Erected Under MCL 257.1701 Et Seq.