Section 280.76 - Condemnation proceedings; hearing, waiver of errors, lands of minors and incompetent persons.
THE DRAIN CODE OF 1956 (EXCERPT)
Act 40 of 1956
280.76 Condemnation proceedings; hearing, waiver of errors, lands of minors and incompetent persons.
Sec. 76.
The court to whom such application is made shall make an examination at the time of such application of all the proceedings of the commissioner so far as had, and if such proceedings be found to be in accordance with the statute, such court shall at once appoint a time and place of hearing upon the application, which time shall be fixed not less than 15 nor more than 40 days thereafter, and the court shall issue a citation to all persons whose lands are traversed by such drain, who have not released the right of way, and all damages on account thereof, to appear at the time and place designated in said citation, and be heard with respect to such application, if they so desire, and show cause, if any there be, why said application should not be granted, and any error or errors that may have been made in any of the proceedings thus far had shall be raised and taken advantage of at such time and before such court, and if not so raised and taken advantage of at such time and before such court shall be deemed to have been waived by all persons cited to appear under this notice. If any person on whom such service is to be made is a minor, under the age of 14 years, or an incompetent person, and resides in this state, such service shall be made as herein provided on his guardian, or if none, then on the person who may for such purpose be appointed special guardian and also on the person who has the care of, or with whom such minor or incompetent person resides. In case any person whose lands are traversed by said drain is a minor or an incompetent person and has no guardian, the said court or the judge of said court shall appoint a special guardian, to appear for and attend to the interests of such minor or incompetent person, and all notices to be served in the progress of the proceedings shall be served on such special guardian.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
Popular Name: Act 40