Sec. 5.
The declaration in such action shall follow the order required by section 1 of this chapter, in describing such encroachment. The defendant may plead denying the encroachment in whole or in part, and may also deny the existence of a highway where such encroachment is claimed to be, but otherwise the legal existence of the highway shall not be questioned on the trial, and the fact of such encroachment, and where the true line of the highway is, shall only be tried.
History: 1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4045 ;-- CL 1948, 247.175 Former Law: See section 3 of Ch. 7 of Act 283 of 1909, being CL 1915, ยง 4403.
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Section 247.189 - Repealed. 2020, Act 264, Eff.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.