Michigan Laws 280.307 – Revolving fund; expenditures or obligation before completion of improvement; intercounty drainage district, apportionment; recovery of money
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Terms Used In Michigan Laws 280.307
- drain: whenever used in this act , shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission. See Michigan Laws 280.3
(1) The drainage board shall apportion the cost between counties if revolving fund money has been expended or a drainage district is obligated to pay expenses for engineering, legal, or administrative services or to pay principal and interest on notes and if any of the following apply:
(a) An improvement has not been completed within the latest of the following:
(i) 5 years after the date of the drainage board’s order designating an intercounty drainage district under section 105.
(ii) 5 years after the entry of the first order of determination under section 122.
(iii) 2 years after the filing of a petition, if a petition has been filed and ordered abandoned.
(b) A petition to locate, establish, and construct an intercounty drain is not filed within 2 years after the date of the drainage board’s order designating an intercounty drainage district.
(2) If requested by a drain commissioner feeling aggrieved by the apportionment, the board of review shall review the apportionment under section 106. The amount apportioned to each county by the board of review shall be recovered by the county as provided in section 306.