HOUSE BILL NO. 6049

A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending sections 74 and 381 (MCL 280.74 and 280.381).

the people of the state of michigan enact:

Sec. 74. Commissioners A commissioner may take acknowledgments of releases of right of way and administer oaths in all proceedings in any way pertaining to drains under this act. A simple form of release of right of way and damages that shall set sets forth by reference to the survey of the drain, or by other convenient description, the particular land to be conveyed and that is signed and acknowledged by the person having the right to convey, shall be deemed is a sufficient conveyance under the provisions of this act. All releases for rights of way shall be deemed considered to include sufficient ground on each side of the center line of such the drain for the deposit of the excavations therefrom. It shall from the drain. It is not be necessary for the wife a spouse to sign the release of right of way unless she the spouse has an interest in the land other than her inchoate a right of dower. Whenever If a portion of a drain shall will be located within any a street, highway, or public place, then a resolution adopted by a majority vote of the governing body having jurisdiction over such the street, highway, or public place granting leave permission to construct such the drain therein, and designating the place to be traversed by said the drain, shall be is a sufficient release of the right of way, and shall be deemed a sufficient conveyance under this act. , and said In the resolution, the governing body may permit the construction of an open drain. if such consent be set forth in such resolution.

Sec. 381. Whenever the If a drain commissioner of any county shall receive receives a petition asking for the laying out, construction, cleaning out, deepening, or widening of any a drain, or a petition asking for proceedings by virtue of which any that would result in an assessment upon on lands for benefits received would result, wherein such commissioner shall be interested by reason of himself, wife or child, owning and if the commissioner or the commissioner's spouse or child owns lands that would be liable to an assessment for benefits upon the work or proceeding proposed to be done or had, and in cases where such or the commissioner may be is otherwise disqualified to act in the making of apportionment of benefits, such the commissioner shall file a copy of such the petition with the judge of probate of the county. , together with The filing shall include a statement signed by him, the commissioner and showing that he or she is disqualified to act in making such the apportionment of benefits.

Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution T (request no. 02690'19) of the 100th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.