Sec. 321. Drains may be laid within or across the right of way of any highway, provided it shall be necessary for the county drain commissioner to obtain first a permit from the highway authority having jurisdiction. If title in fee simple be not in the highway authority, said commissioner shall also obtain a release of right of way for the purposes of such drain from the owner of the land, as provided in sections 73, 74 and 75 of this act.
Mich. Comp. Laws § 280.321
Drains in public highways; permit; release of right of way
Applied in 2 court decisions — leading case Eyde Bros. Development Co. v. Eaton County Drain Commissioner (1986)
Most recently applied in Eyde Bros. Development Co. v. Eaton County Drain Commissioner (December 1986)
1956, Act 40, Imd
Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.