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Mich. Comp. Laws § 235.1

Drain in public highway; release of right-of-way, damages

Applied in 1 court decision — leading case 145 Mich. App. 269 - Eyde Bros. Development Co. v. Eaton County Drain Commissioner (1985)

Most recently applied in 145 Mich. App. 269 - Eyde Bros. Development Co. v. Eaton County Drain Commissioner (August 1985)

1909, Act 283, Eff

Sec. 1. Drains may be laid along and within the limits of or across any public highway: Provided, That when it is proposed to construct a drain in whole or in part along a public highway, the owners of the land abutting on the side of the highway along which such drain is proposed to be laid, shall be considered as still owning the fee of such land, and it shall be necessary for the county drain commissioner to obtain from them severally a release of their rights to so much of said highway as is necessary and proposed to be taken for the right of way of said drain, and for all damages on account thereof. In case such release is not executed within the time (a) prescribed in section 4 of chapter 3, such release (b) shall be obtained in the same manner as is provided in this act for obtaining private lands.

Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.