December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the
establishment, opening, discontinuing, vacating, closing, altering,
improvement, maintenance, and use of the public highways and
private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining
public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush
within this state; providing for the election or appointment and
defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe
penalties and provide remedies,"
by amending sections 3, 6, 11, 18, and 19b of chapter IV (MCL
224.3, 224.6, 224.11, 224.18, and 224.19b), section 6 as amended by
2012 PA 14, section 18 as amended by 2000 PA 342, and section 19b
as added by 1980 PA 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec.
3. (1) Said Before
January 1, 2015, the clerk shall cause
such
notice, printed in the form of a
handbill, to be posted in 3
or
more public places in each township and ward of such the county,
at
least 2 weeks before the time of such the election, and also to
be published in such newspaper or newspapers published and
circulated
in said the county as the board of supervisors
commissioners may direct, once in each week for at least 2 weeks
before
said the election. Proof of the posting and publication of
such
the notice may be made by affidavit of any person or
persons
knowing
the facts and be filed in the office of said the clerk
and
shall be recorded in the records of the proceedings of the board of
supervisors.
Such commissioners. The affidavit or the record
thereof,
or a certified copy of such the
affidavit or the record
thereof, shall be prima facie evidence of the facts stated therein.
(2) Beginning January 1, 2015, notice of the election shall be
given in the same manner required by section 653a of the Michigan
election law, 1954 PA 116, MCL 168.653a.
(3) Ballots shall be prepared and distributed by the same
officers prescribed by law for general elections. The questions
shall
be stated on such the ballots as follows: , viz.: "Shall
the
county road system be adopted by the county of
......................?" and immediately below and on different
lines shall be printed the word "yes" and the word "no." At the
time
mentioned in such the resolution such the election
shall be
held and the vote taken accordingly.
Sec. 6. (1) Except as otherwise provided by law and under
subsection (4), (5), (7), or (8), in a county where the county road
system is adopted, a board of county road commissioners consisting
of not less than 3 members or more than 5 members shall be elected
by the people of the county. The initial road commissioners shall
be appointed by the county board of commissioners or elected at a
general or special election called for that purpose, as determined
by the county board of commissioners. The county board of
commissioners may by resolution provide for staggered terms of
office for the road commissioners under this subsection so that not
more than 2 road commissioners' terms of office expire in the same
year.
(2) If the road commissioners are appointed, they shall hold
office only until January 1 of the first odd numbered year
following the date of appointment. If the road commissioners are to
be elected at a general or special election, notice of the
election, embodying a copy of the resolutions of the county board
of commissioners, giving the number and terms of the office of the
road commissioners to be elected, shall be published or posted by
the clerk as required by section 3 of this chapter.
(3) The regular election of county road commissioners shall be
held at the general election on the first Tuesday after the first
Monday in November. The term of office of an elected county road
commissioner shall commence on January 1 in the year following his
or her election. The notice of the election shall be given at the
time notice is given of the general election of county officers.
(4) The election of county road commissioners shall not be
mandatory in any county that contains all or part of 12 surveyed
townships as determined by the government survey of the county.
Except as provided under subsection (5), in a county under this
subsection the county board of commissioners, by a majority of its
members elect, may appoint the county road commissioners. A county
road commissioner appointed under this subsection shall not be
removed from office before the expiration of his or her term of
office without being given written notice of the charges made
against him or her and an opportunity to appear before the county
board of commissioners for a hearing on the charges.
(5) In a county having a population of 750,000 or more that
has adopted a charter under 1966 PA 293, MCL 45.501 to 45.521, the
powers and duties that are otherwise provided by law for a board of
county road commissioners may be reorganized by amendment to the
charter. In a county having a population of 750,000 or more with a
charter commission proposing a charter under 1966 PA 293, MCL
45.501 to 45.521, the powers and duties that are otherwise provided
by law for a board of county road commissioners may be reorganized
under the charter if, at the election considering the approval of
the charter, the voters approve both the charter and a separate
ballot question presented by the charter commission to reorganize
the board of county road commissioners. Funds provided to the
county under 1951 PA 51, MCL 247.651 to 247.675, shall only be
expended for the purposes provided under 1951 PA 51, MCL 247.651 to
247.675.
(6) If the county board of commissioners proposes to alter the
number of county road commissioners as allowed under this act, the
county board of commissioners shall hold not less than 1 public
hearing on the proposed change to the road commission. The county
board of commissioners shall give notice as required under the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, of the time and
place of the public hearing not less than 28 days before the
hearing. The county board of commissioners shall also provide
written notice of the hearing to the county road commission and, if
available, by posting the notice on the county's website. The
county board of commissioners may vote on whether to alter the
number of county road commissioners at the meeting noticed under
this subsection.
(7) Except as otherwise provided under subsection (5) and
subject to the requirement provided in subsection (9), before
January 1, 2015, the powers, duties, and functions that are
otherwise provided by law for an appointed board of county road
commissioners may be transferred to the county board of
commissioners by a resolution as allowed under section 11 of 1851
PA 156, MCL 46.11. The appointed board of county road commissioners
of that county is dissolved on the date specified in the resolution
adopted under this subsection, and the county board of
commissioners is authorized to receive and expend funds as allowed
under 1951 PA 51, MCL 247.651 to 247.675.
(8) Except as otherwise provided in subsection (5) and subject
to the requirement provided in subsection (9), before January 1,
2015, the county board of commissioners in a county with an elected
board of county road commissioners may, by a resolution as allowed
under section 11 of 1851 PA 156, MCL 46.11, submit to the qualified
and registered electors of the county at the next regular election
to be held in the county the question of transferring the powers,
duties, and functions of the elected board of county road
commissioners of that county to the county board of commissioners.
If a majority of the qualified and registered electors of the
county voting on the question vote in favor of transferring the
powers, duties, and functions of the elected board of county road
commissioners of that county to the county board of commissioners,
the elected board of county road commissioners of that county is
dissolved and the county board of commissioners is authorized to
receive and expend funds as allowed under 1951 PA 51, MCL 247.651
to 247.675.
(9) Before adopting a resolution under subsection (7) or (8),
the county board of commissioners shall conduct, at a minimum, 2
public hearings on whether to transfer the powers, duties, and
functions of the board of county road commissioners to the county
board of commissioners.
Sec. 11. (1) The board of county road commissioners may lay
out
new roads within the county as they consider the board
considers necessary. The roads shall be not less than 4 rods wide.
The board may also change the width or the location or straighten
the line of a road over which it takes jurisdiction.
(2) Before the board approves a project for the construction
of a new road or improvement of an existing road not part of the
federal-aid
systems, as defined in section 103 of Public Law 85-
767,
23 U.S.C. 103, 23 USC 103, which improvement consists of
widening or straightening the line of a road, the board of county
road commissioners shall conduct a public hearing pursuant to the
following procedure:
(a)
Notice Before January 1,
2015, notice of the public
hearing shall be given at least twice in a newspaper having general
circulation
in the vicinity of the proposed undertaking. The Before
January 1, 2015, the first notice shall appear 30 to 40 days before
the scheduled hearing with the second notice appearing 5 to 12 days
before the hearing.
(b) Beginning January 1, 2015, not more than 30 or less than
14 days before the scheduled hearing, tier A public notice of the
public hearing shall be provided as set forth in the local
government public notice act.
(c) (b)
The required notices notice shall
contain the date,
time, and place of the hearing and shall include a description of
the proposed action. The notice shall also contain a map or drawing
of the proposed action. The map or drawing shall be made available
to the public. The notice shall set forth the tentative schedule
for the right of way acquisition, if necessary for the proposed
action, and for the beginning of the construction or improvement.
(d) (c)
A copy of the notice shall be
delivered to the local
news media and to the executive official of each affected
municipality.
(3) If the record owners of 100% of the property adjacent to a
local road which is 1/4 mile or less in length and which has only 1
outlet , oppose the construction or improvement of the local
road,
the board of county road commissioners shall not approve the
project.
(4) If in the laying out, widening, changing, or straightening
of a road it becomes necessary to take private property, the board
shall cause a survey of the proposed road to be made, together with
an
accurate description of the lands required for the road. It The
board shall endeavor to agree with each owner, who is a resident of
the county, for the purchase of a right of way over the owner's
land
included within the description. If it the board is able to
agree
with the owner of the property, it the board may purchase the
property
and pay for the property out of the funds under its the
board's control. The land shall be conveyed to the county for the
use and purpose of a road.
Sec. 18. (1) If state reward is to be applied for, the board
of county road commissioners shall file with the state
transportation commission, for its approval, a map of the county
showing the location of the proposed system of county roads. This
proposed system may be changed if approved by the state
transportation commission. All state rewarded roads composing a
part of this system shall be taken over as county roads by the
board of county road commissioners and any road or part of a road
previously laid out shall become a county road if the board of
county road commissioners shall at any time so determine, and in
passing through or on the line between townships or villages or
cities any streets or parts of streets may be adopted as a county
road, with the consent of the proper authorities of that city or
cities, village or villages. If a street is taken over and improved
as a county road, city and village authorities may further improve
the road by surfacing it outside the portion constructed by the
county and by the addition of gutters, curbs, sidewalks, and other
improvements, may provide for the care and maintenance of the
improvements, and may levy and collect taxes for the improvements.
The vote of the county road commissioners in respect to the
determination shall be taken by yeas and nays, and shall be entered
at large on the records of the board of county road commissioners.
Notice of the determination shall be immediately given by the clerk
to the highway authorities of each city or village in which the
road
or any part of the road is situated.
, and Before January 1,
2015, notice of the determination shall be published in a newspaper
of general circulation in the county, once in each week for 3
successive weeks. Beginning January 1, 2015, the clerk shall
provide tier A public notice of the determination as set forth in
the local government public notice act. Proof of service and
publication or posting may be made by affidavit by any person
knowing the facts and filed with the clerk. The affidavit or the
record thereof or certified copy of the affidavit or record shall
be prima facie evidence of its contents. After service and
publication or posting of the notice, the board of county road
commissioners shall have exclusive jurisdiction and control of the
road embraced within the determination, and the municipality within
which the road is situated shall be relieved from all
responsibility for the road. Immediately after laying out or taking
control of a road the board shall give the road a name. The board
may change the name of the road if it determines that a name change
is necessary in order to conform to a general plan or avoid
confusion or duplication. The name given by the board to any road
under its jurisdiction, either originally or in case of a change as
provided for in this section, is the official name by which the
road shall be known.
(2) The board also may enter into agreements with the board of
county road commissioners in any adjoining county with reference to
the laying out, maintenance, construction, and improvement of
inter-county roads. The decision of each board to become a party to
an agreement is limited to the construction, improvement, or
maintenance of the portion of the road subject to the jurisdiction
of that board.
(3) The board of county road commissioners of any county that
has adopted the county road system, at any time, may either
relinquish jurisdiction of or absolutely abandon and discontinue
any county road, or any part of a county road, by a resolution
adopted by a majority vote. The vote of the county road
commissioners in respect to either relinquishment of jurisdiction
or absolute abandonment and discontinuance shall be taken and
entered, and notice given, in the same manner as required in this
section in cases in which county roads are adopted. After
proceedings to relinquish jurisdiction have been had, the
jurisdiction and control of the road, or part of the road, except
as otherwise provided in this section, shall revert to the
municipality within which the road is situated, and the county
shall be relieved of the responsibility for the road. After
proceedings to abandon absolutely and discontinue, the road or part
of the road shall cease to exist as a public highway unless the
unit of government that acquires the property or control of the
property permits use as a public highway. Subject to subsection
(8), the board, at the time of the passage of a resolution to
abandon absolutely and discontinue any portion of a highway under
its jurisdiction, shall determine in the resolution that it is in
the best interests of the public that the highway or portion of the
highway be absolutely abandoned and discontinued. The board shall
cause a true copy of every resolution or other proceeding
containing an accurate description of the lands comprising the
highway or portion of the highway that has been absolutely
abandoned and discontinued to be recorded in the office of the
register of deeds for the county where the lands are situated.
(4) The board of county road commissioners shall not
absolutely abandon and discontinue any highway, or part of a
highway, except as provided in this section, upon the written
petition of 7 or more freeholders of the township in which the road
is sought to be absolutely abandoned and discontinued. The petition
for absolutely abandoning and discontinuing a highway shall
describe the road in general terms or by any name by which it is
known, and if the absolute abandonment and discontinuance of only a
portion of a road is asked for, that portion shall be specified.
The petition shall be accompanied by a true and correct list of the
names and mailing addresses of the occupants of each parcel of land
abutting the highway, or portion of the highway, sought to be
absolutely abandoned and discontinued, which list shall be
certified to under oath by 1 of the persons making or presenting
the petition.
(5) If a petition for absolute abandonment and discontinuance
of a road or portion of a road contains the signatures of all of
the owners of record and occupants of land abutting the road, as
ascertained from the records in the office of the register of deeds
and the certified list provided for in subsection (4), the board of
county road commissioners shall, within 20 days after receiving the
petition, subject to subsection (8), determine the advisability of
the abandonment and discontinuance and either grant or deny the
petition without further proceedings. In all other cases the board
shall, within 20 days after receiving a petition, issue a written
notice stating the object of the petition and appointing a time and
place of hearing, which notice shall be served on the township
board of the township in which the road is situated and on the
owners of record and occupants of lands through or adjoining which
it is proposed to absolutely abandon and discontinue the road, by
mailing a copy of the notice by first-class mail to the township
board of the township in which the road is situated and to the
residence of each owner of record or occupant at his or her last
known address at least 30 days before the time of hearing. The
township board of the township in which the road is situated shall
have first priority to retain the property or portion of the
property. The board shall also notify the township or municipality
within which the road is situated, the state transportation
department, and the department of natural resources if the action
concerns any county road or portion of a county road that borders
on, crosses, is adjacent to, or ends at a lake or the general
course of a stream and the proposed action would result in the loss
of
public access. If Before
January 1, 2015, if the owner does not
reside upon the land or the owner of record or occupant cannot be
found within the county in which the land is situated, the notice
to the owner of record or occupant of the land shall be served by
posting in 3 public places in the township in which the road is
situated, and by publication in a newspaper circulated within the
county, 30 days before the time of hearing. Beginning January 1,
2015, if the owner does not reside upon the land or the owner of
record or occupant cannot be found within the county in which the
land is situated, the notice to the owner of record or occupant of
the land shall be served by posting in 3 public places in the
township in which the road is situated, and by having tier A public
notice provided 30 days before the time of the hearing as set forth
in the local government public notice act. Notice shall be served
upon railroad companies by leaving a copy with the agent in charge
of any ticket or freight office of the company operating the
railroad, on the railroad line. The department of natural resources
and the township or municipality within which the road is situated
shall review the petition and determine within 30 days whether the
property should be retained as an ingress and egress point. If the
road is situated in a township, the township shall have first
priority and the department of natural resources shall have second
priority to retain the property as an ingress and egress point. If
the road is not situated in a township, the department of natural
resources shall have first priority to retain the property as an
ingress and egress point.
(6) Upon the service of the notice required in subsection (5),
and before any further proceedings are held, the person by whom the
service was made shall make and annex to the notice, or a copy of
the notice, an affidavit stating the time and manner of service,
which shall be by first-class mail, and by posting and advertising.
In addition, if service is upon a railroad company, the affidavit
shall so state and shall specify the agent upon whom service was
made. The notice and affidavit, together with an affidavit of
publication or posting if the notice was published or posted, shall
be attached to the petition, and the whole shall be present at the
time of the hearing upon the petition. The board of county road
commissioners may designate, as hearing examiner, an employee to
hold the hearing upon the petition. After the hearing, the examiner
shall report all findings of fact to the board.
(7) The board of county road commissioners or the
superintendent or engineer employed by the board shall proceed to
view the premises described in the petition and notice, and the
board shall ascertain the necessity or advisability of absolutely
abandoning and discontinuing the highway pursuant to the petition.
(8) Subject to subsection (5), if the board of county road
commissioners
determines pursuant to under
this section to
relinquish control, discontinue, abandon, or vacate any county road
or portion of a county road that borders on, crosses, is adjacent
to, or ends at a lake or the general course of a stream and the
township, if applicable, or the department of natural resources
decides
to maintain the road as a public access site, it the board
shall convey by quitclaim deed or relinquish jurisdiction over the
property if the interest is nontransferable to the township or the
state. If the township obtains the property or jurisdiction over
the property as an ingress and egress point and later proposes to
transfer
the property or jurisdiction over the property, it the
township shall give the department of natural resources first
priority to obtain the property or jurisdiction over the property.
If the state obtains the property or jurisdiction over the property
under this subsection, the property shall be under the jurisdiction
of the department of natural resources. The state may retain title
to the property, transfer title to a local unit of government, or
deed the property to the adjacent property owners. If the state has
purchased the property with restricted fund revenue, money obtained
from sale of the property shall be returned to that restricted
fund. The local unit of government shall either maintain the
property as a site of public access or allow it to revert to the
adjoining landowners.
(9) Subject to subsection (5), if the board of county road
commissioners
determines pursuant to under
this section to abandon
any
county road or portion of a county road to a township, it the
board shall quitclaim deed the property if the interest is
nontransferable to the township. The township shall either retain
the property or allow it to revert to the adjoining landowners.
(10) Within 30 days after final determination upon the
petition for absolutely abandoning and discontinuing a highway, the
board of county road commissioners shall file with the state
transportation commission a full record and return of its
proceedings. A determination by the board of county road
commissioners under this section is binding for purposes of 1927 PA
341, MCL 247.41 to 247.46.
(11) The board of county road commissioners may reserve an
easement for public utility purposes within the right-of-way of any
road absolutely abandoned and discontinued under this section and
may, by resolution, extinguish any easement so reserved whenever
the easement ceases to be used for public utility purposes.
(12) If interest in the property is conveyed or control over
the property is relinquished to a local unit or this state under
subsection (8), the local unit or this state, as applicable, shall
operate and maintain the property so as to prevent and eliminate
garbage and litter accumulation, unsanitary conditions, undue
noise, and congestion as necessary.
(13) If a person shows substantial noncompliance with the
requirements of subsection (12), the circuit court may order the
local unit or this state to close the road ending in a manner to
prevent ingress and egress to the body of water for a period of up
to 30 days.
(14) If a person shows substantial noncompliance with the
requirements of subsection (12) and the circuit court has
previously closed the road ending for up to 30 days under
subsection (13), the circuit court may order the local unit or this
state to close the road ending in a manner to prevent ingress and
egress to the body of water for 90 days.
(15) If a person shows substantial noncompliance with the
requirements of subsection (12) and the circuit court has
previously closed the road ending for 90 days under subsection
(14), the circuit court may order the local unit or this state to
close the road ending in a manner to prevent ingress and egress to
the body of water for 180 days.
(16) If a person shows substantial noncompliance with the
requirements of subsection (12) and the circuit court has
previously closed the road ending for 180 days under subsection
(15), the circuit court shall order the local unit or this state to
show cause why the road ending should not be permanently closed in
a manner to prevent ingress and egress to the body of water.
Subject to subsection (17), the circuit court shall permanently
close the road ending unless the local unit or this state shows
cause why the road ending should not be closed.
(17) After a road ending is closed under subsection (16), and
unless the property has been conveyed or relinquished to the
adjacent landowners under subsection (18), the local unit or this
state may petition the circuit court to reopen the road ending. The
circuit court may order the road ending reopened if the local unit
or this state presents a management plan to and posts a performance
bond with the circuit court, and the circuit court finds that the
management plan and performance bond are adequate to ensure
compliance with subsection (12).
(18) After a road ending is closed by the circuit court under
subsection (16), 1 or more of the adjacent landowners may petition
the circuit court to order the local unit or this state to convey
any interest in the property that the local unit or this state
holds to the adjacent landowners, or, if the interest is
nontransferable, to relinquish control over the property to the
adjacent landowners.
(19) Proceedings under subsection (13), (14), (15), or (16)
shall be initiated by application of 7 owners of record title of
land in the local unit who own land within 1 mile of the road
ending to the circuit court for the county in which the road ending
is located. The applicants in the proceedings under subsection
(13), (14), (15), (16), (17), or (18) shall give the persons
described in subsection (5) notice of the application by registered
mail.
Sec. 19b. (1) A person, partnership, association, corporation,
or governmental entity shall not construct, operate, maintain, or
remove a facility or perform any other work within the right of way
of a county road except sidewalk installation and repair without
first obtaining a permit from the county road commission having
jurisdiction over the road and from the township, city, or village
in
which the county road is located when if a permit is required by
ordinance of the township, city, or village, pursuant to authority
conferred
by article VII, section 29 of article
VII of the Michigan
state constitution of 1963. The adjacent property owner shall not
be required to obtain a permit for work incidental to the
maintenance of the right of way lying outside of the shoulder and
roadway.
(2)
A Before January 1, 2015,
a county road commission and a
local unit of government may adopt, after a public hearing of which
notice has been given by publication at least twice in a newspaper
circulated
in the county not more than 30 days nor or less than 7
days
prior to before the hearing, reasonable permit requirements
and a schedule of fees to be charged sufficient to cover only the
necessary and actual costs applied in a reasonable manner for the
issuance of the permit and for review of the proposed activity,
inspection, and related expenses. Beginning January 1, 2015, after
a public hearing of which tier C public notice has been given as
set forth in the local government public notice act not more than
30 days or less than 7 days before the hearing, a county road
commission and a local unit of government may adopt reasonable
permit requirements and a schedule of fees to be charged sufficient
to cover only the necessary and actual costs applied in a
reasonable manner for the issuance of the permit and for review of
the proposed activity, inspection, and related expenses. After the
work authorized in the permit has been completed, itemization of
all costs shall be supplied upon request of the permit holder.
(3)
When a road commission adopts procedures for the issuance
of
issuing permits or adopts a schedule of fees in accordance
with
the
provisions of this section,
separate procedures and fee
schedules
shall be adopted for the issuance of issuing annual and
emergency
permits which that reflect the minimal administrative
burden of issuing an annual permit for frequent but routine and
unobtrusive work such as surveying and the extraordinary emergency
repairs to municipal or public utilities.
(4) A county road commission may not refuse a permit requested
by a government entity for the installation of a facility or
utility owned by that entity if security is given by the permittee
or its contractor to the county road commission sufficient to
insure restoration of the road and appurtenances thereto and
adjacent right of way to a condition reasonably equal to or better
than
that existing prior to such before
the installation, nor
may a
county road commission charge a government entity a permit fee
exceeding $300.00 per permit or $1,000.00 total for all permits per
project.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.