Section 280.306 - Revolving drain fund; expenditures or obligation before completion of improvement; apportionment. - Michigan Statutes

THE DRAIN CODE OF 1956 (EXCERPT)
Act 40 of 1956

280.306 Revolving drain fund; expenditures or obligation before completion of improvement; apportionment.

Sec. 306.

Whenever revolving fund moneys have been expended or a drainage district has become obligated to pay expenses for engineering, legal and administrative services, by action of the drain commissioner or drainage board and no improvement has been completed subsequent to the commissioner's order designating a drainage district or entry of the first order of determination as prescribed in section 72 where an intracounty drain is involved, the drain commissioner of such county which has expended such revolving fund moneys may report such fact to the board of supervisors. If no improvement has been completed within a period of 5 years subsequent to the commissioner's order designating a drainage district or entry of the first order of determination as prescribed in section 72, the drain commissioner of such county shall report such fact to the board of supervisors. If the sum involved is too small to justify spreading the same over the designated district above referred to, such board of supervisors may order the sum to be spread against the property of the original petitioners according to such percentage as the commissioners shall deem just and equitable, based on the same benefit theory as if the improvement had been completed. If the sum involved is large enough to, in the opinion of the board of supervisors, create undue hardship on the original petitioners, the board of supervisors may order the same spread over such designated district and the commissioner shall apportion the cost thereof to the parties benefited in the district as provided in chapter 7 for the purpose of permitting a review of the roll as to fairness of the apportionment only.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1969, Act 105, Eff. Mar. 20, 1970
Popular Name: Act 40