Michigan Compiled Laws
40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)
Section 280.123 - Apportionment of Benefits; Assessment, Correction, Appeal.

Sec. 123.
(1) After securing the necessary property rights or interests as provided in this act, the drainage board shall determine the percentage of the whole cost of the drain to be apportioned to each county and shall include the determination in the final order of determination. If the drain commissioners cannot agree unanimously on the apportionment between counties, the chairperson shall propose the apportionment. If the drainage board cannot agree unanimously on the apportionment of benefits proposed by the chairperson, the matter shall be submitted to the board of arbitration in the manner prescribed in section 106 and that board's decision is final.
(2) After the apportionment of benefits is made under subsection (1), the commissioner of each county in which any part of the drainage district is located, unless disqualified under section 381, shall apportion the benefits for the construction of the drain to each tract or parcel of land, to any county, township, city, or village, and to any state trunk line highway within the drainage district, in the manner provided in chapter 7. The percentage so apportioned when finally approved shall be assessed against such counties, townships, cities, villages, highways, and lands according to the apportionment of benefits. The apportionment of benefits so made is subject to review and correction and may be appealed as provided in chapter 7.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2018, Act 646, Eff. Mar. 28, 2019 Popular Name: Act 40

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 280 - Drain Code of 1956

Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)

40-1956-6. - Chapter 6. Intercounty Drains. (280.121...280.135)

Section 280.121 - Intercounty Drains; Petition to Establish; Filing, Signatures; Certificate of County Treasurer; Eligibility of Signers; "Municipality" Defined.

Section 280.122 - Drainage Board; Duties Generally; Voting; Notice of Meeting; Affidavit of Mailing; Failure to Receive Notice; Expense of Notification; Drainage Board as Board of Determination; Determination of Necessity, Order; Liability for Percen...

Section 280.122a - Judicial Determination of Drain Necessity; Filing of Action.

Section 280.123 - Apportionment of Benefits; Assessment, Correction, Appeal.

Section 280.124 - Meetings of Drainage Board to Receive Bids and Review Apportionment of Benefits; Notice.

Section 280.125 - Meetings of Drainage Board; Review, Appeal, Computation of Costs.

Section 280.126 - Construction of Drain; Receipt of Bids and Letting of Contracts; Abandonment of Petition; Order; Notice.

Section 280.127 - Releases of Right of Way and Damages.

Section 280.128 - Condemnation Proceedings; Obtaining Right-of-Way, Easement, or Other Property Interest.

Section 280.129 - Repealed. 2013, Act 262, Imd. Eff. Dec. 30, 2013.

Section 280.130 - Computation of Construction Cost; Certification of Special Assessment Rolls, Filing; Levy and Collection of Taxes.

Section 280.131 - Drain Record; Certified Copies Furnished Other Commissioners, Filing.

Section 280.132 - Drainage Bonds; Issuance; Terms; Deposit of Money; Disposition.

Section 280.133 - Interstate Drain; Application and Petition, Drainage District, Proceedings; Release of Right of Way, Obstruction Agreement.

Section 280.134 - Intercounty Drain; Venue of Actions; Appointment of Outside Circuit Judge.

Section 280.135 - County or Intercounty Drain; Extension Into County Not in Original Drainage District; Adding to or Removing Lands From District; Procedure; Apportionment of Cost; Order.