Sec. 6.
The trial of said action may be adjourned for not to exceed 10 days. The jury shall specify in their verdict, if they find the defendant guilty of causing or maintaining the encroachment as charged, and the extent thereof, and if the existence of the highway has been denied, they shall also specify, if they find a highway to exist, whether it be such by public use or by having been regularly laid out and established as a public highway. In the trial of any cause involving the existence of any highway, the burden of proof shall be upon the contestants to show that the same has not been regularly laid out and established as a public highway, or has not become such by public use.
History: 1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4046 ;-- CL 1948, 247.176 Former Law: See section 4 of Ch. 7 of Act 283 of 1909, being CL 1915, ยง 4404.
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Section 247.189 - Repealed. 2020, Act 264, Eff.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.