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SENATE BILL NO. 1080
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 154 (MCL 280.154), as amended by 2020 PA 281.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 154. (1) The drain commissioner shall advertise for the 1
receipt of bids for the construction of a drain at a specified 2
time, date, and location. If the drain commissioner directly or 3
indirectly maintains an official internet presence, the drain 4
commissioner shall post the advertisement for the receipt of bids 5
on a portion of the website that is fully accessible to the public 6
June 25, 2026, Introduced by Senators ANTHONY, BAYER, CAVANAGH, GEISS and
JOHNSON and referred to Committee on Local Government.
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at least not less than 10 days before, and shall maintain the 1
posting through, the date set for the receipt of bids. If the drain 2
commissioner does not maintain an official internet presence, the 3
advertisement shall must be so posted and maintained as described 4
in this subsection on the county website. 5
(2) The drain commissioner shall give notice, as described in 6
this section, of a public meeting to review the apportionment of 7
benefits. The meeting shall must be not less than 5 or more than 30 8
days after the date set for receiving bids. 9
(3) The notice under subsection (2) shall must be given by 10
publication in a newspaper published and of general circulation in 11
the county at least not less than 10 days before the date of the 12
review of the apportionment. 13
(4) The drain commissioner shall also send the notice under 14
subsection (2) by first-class mail, at least not less than 10 days 15
before the date of the review of the apportionment of benefits, to 16
each person whose name appears on the last city or township tax 17
roll as owning land within the drainage district, at the address 18
shown on the roll. Notice need not be mailed to a person whose 19
address does not appear on the roll. The drain commissioner shall 20
make an affidavit of the mailing and shall recite in the affidavit 21
that the notice was mailed to all persons whose names and addresses 22
appear on the tax rolls as owning land within the drainage 23
district. The affidavit is conclusive proof that notice was mailed 24
to each person to whom notice is required to be mailed. If notice 25
has been sent by first-class mail as provided in this subsection, 26
the failure to receive notice by mail does not constitute a 27
jurisdictional defect invalidating a drain proceeding or 28
assessment. If the drain commissioner determines that the drain is 29
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necessary for the public health and that the whole cost of the 1
drain, except that part which may be apportioned for benefits to 2
highways, shall must be apportioned to municipalities, then mailing 3
of individual notices to persons owning land within the drainage 4
district as provided in this subsection is not required. 5
(5) At least Not less than 10 days before the date of the 6
review of the apportionment, the drain commissioner shall serve the 7
notice under subsection (2) personally or by certified mail on the 8
county clerk and a member of the board of county road commissioners 9
of the county and on the supervisor of each township and clerk of 10
each city or village to be assessed at large. 11
(6) The notice under subsection (2) shall must contain all of 12
the following: 13
(a) A statement that comments on the apportionment of benefits 14
may be submitted to the drain commissioner in writing before the 15
date of the meeting to review the apportionment or may be submitted 16
in writing or orally at the review. meeting. The statement shall 17
must specify the drain commissioner's postal mailing address and 18
electronic mail email address and indicate that comments submitted 19
in advance must be received by the drain commissioner before the 20
date of the meeting to ensure consideration. 21
(b) The date, time, and place of the meeting to review the 22
apportionment of benefits. 23
(c) A statement that, at the meeting to review the 24
apportionment of benefits, the drain commissioner will have 25
available to review the tentative apportionments against parcels 26
and municipalities within the drainage district. 27
(d) For notice mailed to a person under subsection (4), the 28
estimated percentage and dollar amount apportioned to that person's 29
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land, the estimated annual dollar amount apportioned to that 1
person's land, and the estimated project assessment duration. 2
(e) A statement that drain assessments against land will be 3
collected in the same manner as property taxes. 4
(f) A statement that if drain assessments against land are 5
collected by installment, the land owner may pay the assessments in 6
full with any interest to date at any time and thereby avoid 7
further interest charges. 8
(g) The name of each county, township, city, or village to be 9
assessed at large. 10
(h) The name or number of the drain. 11
(i) The address of a website, as provided for in subsection 12
(7), and a statement that the following additional information can 13
be found at that address: 14
(i) A description of the land constituting the drainage 15
district for the drain. The description may be given by providing a 16
map of the drainage district, by designating the boundaries of the 17
drainage district by streets, highways, parcels, or tracts of land, 18
or by describing the tracts or parcels of land constituting the 19
district. If a parcel or tract is partially located within the 20
district, for the purposes of the notice description only, the 21
drain commissioner may consider the entire parcel or tract to be 22
located in the district. 23
(ii) The number and length of sections, the average depth and 24
width of each section, and if the drain will be a closed drain, the 25
amount and specifications of all tile or pipe required. 26
(iii) The location, number, type, and size of all culverts and 27
bridges. 28
(iv) The conditions upon on which the contract will be awarded. 29
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(7) If the drain commissioner directly or indirectly maintains 1
an official internet presence, the drain commissioner shall post 2
the information described in subsection (6)(a) to (c) and (e) to 3
(h) on a portion of the website that is fully accessible to the 4
public and shall maintain the posting through the date of the 5
meeting to review the apportionment of benefits. If the drain 6
commissioner does not maintain an official internet presence, the 7
information shall must be so posted and maintained as described in 8
this subsection on the county website. 9
(8) Notwithstanding the information provided in the notice 10
under subsection (6)(d), the drain commissioner may subsequently 11
make adjustments to any of the following that the drain 12
commissioner or drainage board considers necessary, without further 13
notice or an additional meeting to review the apportionment of 14
benefits: 15
(a) The estimated apportionment percentage. 16
(b) The estimated annual project assessment. 17
(c) The estimated project assessment duration. 18
(9) Not less than 7 days after the mailing of the notice under 19
subsection (2) by first-class mail, a person owning land within the 20
drainage district whose costs, damages, and expenses exceed the 21
benefits of the proposed drain may file an objection with the drain 22
commissioner. The drain commissioner may consider any objections 23
under this subsection and prescribe the form and manner in which 24
the objections are submitted. An objection under this subsection 25
may include the nature of the objection, including, but not limited 26
to, the alleged reasons that an apportionment is considered unjust 27
or inequitable, and a description of the land that is the subject 28
of the objection. 29
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(10) (9) Bids for the construction of the drain shall must be 1
received and the total cost of the drain shall must be computed 2
before the time set for review of the apportionment. The 3
computation shall must be open to inspection. If the computation is 4
not completed before the review of the apportionment, the drain 5
commissioner shall adjourn the review from time to time, not more 6
than 20 days in all, for the completion of the computation, or 7
shall call a new meeting to review the apportionment of benefits 8
and give notice as provided in subsections (3) to (7). If the 9
contracts on which the computation was based are not executed and 10
new contracts are let at a higher price, the drain commissioner 11
shall correct the computation and, after giving notice as provided 12
in subsections (3) to (7), hold a new review of the apportionment. 13
(11) (10) At the date, time, and place specified in the 14
notice, or at another date, time, and place to which the county 15
drain commissioner may adjourn the meeting, the apportionment of 16
benefits shall must be subject to review for at least 1 day. The 17
review shall must be held open from 9 a.m. until 5 p.m. At the 18
review, the county clerk or the county road commission may appear 19
on behalf of the county, the supervisor of a township may appear on 20
behalf of a township, the mayor or an officer of the city 21
designated by the mayor may appear on behalf of a city, and the 22
president may appear on behalf of a village. At the review the 23
county drain commissioner shall consider the proofs and allegations 24
and shall do both of the following: 25
(a) Carefully reconsider and review the apportionment of 26
benefits. 27
(b) Define and equalize the apportionment as is just and 28
equitable. 29
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(12) (11) If an apportionment of benefits is made against a 1
state trunk line highway, unless the director of the state 2
transportation department of transportation consents in writing to 3
the apportionment, the drain commissioner shall notify by certified 4
mail the director of the state transportation department of 5
transportation of the percentage apportioned against the highway 6
and the date, time, and place for a review of apportionment of 7
benefits by the drain commissioner under subsection (2). The notice 8
shall must be mailed at least not less than 20 days before the 9
review of the apportionment. If the director of the state 10
transportation department of transportation instead desires to have 11
the apportionment of benefits reviewed by the director of the 12
department of agriculture and rural development, the director of 13
the state transportation department ,within of transportation, not 14
less than 10 days after receiving the notice under this subsection, 15
shall file with the drain commissioner an objection to the 16
apportionment. The drain commissioner shall notify the director of 17
the department of agriculture and rural development of the date, 18
time, and place for the review of apportionments. At the meeting, 19
the director of the department of agriculture and rural 20
development, or a deputy of the director, shall review the 21
apportionment made against the state trunk line highway and listen 22
to the proofs and allegations of the parties, and may view the 23
highway benefited. The written decision on the apportionment under 24
this subsection is final. 25