Sec. 470. The drainage board shall then proceed to secure the necessary lands or rights of way for the proposed drain. If the same cannot be secured by negotiation, then the drainage board may proceed under the provisions of Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Compiled Laws of 1948, or under the applicable provisions of sections 75 to 84 of this act, and shall be deemed to be a "state agency" as that term is used in said act, or if the project is one in which the federal government is participating in any manner, then such lands or rights of way may be acquired through proceedings brought by the federal government under any appropriate federal act. In the event lands or rights of way shall be acquired through proceedings under a federal act, then the amount of the awards in such proceeding shall be deemed to be a part of the cost of the drain to the same extent as if the condemnation proceedings had been taken under the laws of this state.
Mich. Comp. Laws § 280.470
Drainage board; lands and rights of way, condemnation; procedure, federal government participation; costs
Applied in 2 court decisions — leading case 212 Mich. App. 284 - Oakland Hills Development Corp. v. Lueders Drainage District (1995)
Most recently applied in 246 Mich. App. 591 - Barak v. Oakland County Drain Commissioner (July 2001)
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.