Section 280.80 - Special commissioners; notice of appointment; meeting; adjournment; notice; appointment of other special commissioners; oath; election of chairperson and secretary; record of proceedi
THE DRAIN CODE OF 1956 (EXCERPT)
Act 40 of 1956
280.80 Special commissioners; notice of appointment; meeting; adjournment; notice; appointment of other special commissioners; oath; election of chairperson and secretary; record of proceedings; view of premises.
Sec. 80.
If the court grants the prayer set forth in the application, the court shall deliver to the commissioner a copy of the order appointing the special commissioners. The commissioner shall notify the special commissioners of their appointment and the time, date, and place they are required to meet with him or her and the other parties who have not released the right of way for the proposed drain. If a special commissioner neglects or refuses to meet at the time, date, and place with the commissioner, the commissioner shall adjourn the day of meeting for a period not to exceed 30 days. The commissioner shall give public notice of the date, time, and place of the adjourned meeting in the manner required by Act No. 267 of the Public Acts of 1976, and, as soon as practicable, shall make application to the judge of probate, who shall appoint other special commissioners without further notice or citations. Special commissioners shall be sworn by the drain commissioner to faithfully discharge the duties of special commissioners in the matter in which they are called to act, and to determine the necessity of taking private property for the use or benefit of the public for the purpose of a drain, and the compensation to be paid for the property. The special commissioners shall elect 2 members as chairperson and secretary. The secretary shall keep a complete record of their proceedings. The special commissioners, with the commissioner and the other parties in interest who may be present, who have not released the right of way for the proposed drain, shall meet at the time, date, and place ordered by the court and proceed at that time, or at a time to which they may adjourn, to view the premises, and for that purpose may enter upon the land traversed by the route of the proposed drain.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978
Popular Name: Act 40