SB-0472,As Passed Senate, June 5, 2003                                      

SUBSTITUTE FOR

SENATE BILL NO. 472

                                                                             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 section 18 (MCL 224.18), as amended by 2000 PA 342.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 18.  (1) If state reward is to be applied for, the                     

2   board of county road commissioners shall file with the state                

3   transportation commission, for its approval, a map of the county            

4   showing the location of the proposed system of county roads.                

5   This proposed system may be changed if approved by the state                

6   transportation commission.  All state rewarded roads  composing             

1   a that are part of this system shall be taken over as county               

2   roads by the board of county road commissioners.  and any A road           

3   or part of a road previously laid out shall become a county road            

4   if the board of county road commissioners shall at any time  so             

5   determine, and make a determination, in passing through or on              

6   the line between townships or villages or cities any streets or             

7   parts of streets may be adopted as a county road, with the                  

8   consent of the proper authorities of that city or cities, village           

9   or villages.  If a street is taken over and improved as a county            

10  road, city and village authorities may further improve the road             

11  by surfacing it outside the portion constructed by the county,

12  and  by the addition of gutters, curbs, sidewalks, and other               

13  improvements, may provide for the care and maintenance of the               

14  improvements, and may levy and collect taxes for the                        

15  improvements.  The vote of the county road commissioners in                 

16  respect to the determination shall be taken by yeas and nays, and           

17  shall be entered at large on the records of the board of county             

18  road commissioners.  Notice of the determination shall be                   

19  immediately given by the clerk to the highway authorities of each           

20  city or village in which the road or any part of the road is                

21  situated, and published in a newspaper of general circulation in            

22  the county, once in each week for 3 successive weeks.  Proof of             

23  service and publication may be made by affidavit by any person              

24  knowing the facts and filed with the clerk.  The affidavit,  or

25  the record  thereof of the affidavit, or a certified copy of the           

26  affidavit or record shall be prima facie evidence of its                    

27  contents.  After service and publication of the notice, the board           

1   of county road commissioners shall have exclusive jurisdiction              

2   and control of the road embraced within the determination, and              

3   the municipality within which the road is situated shall be                 

4   relieved from all responsibility for the road.  Immediately after           

5   laying out or taking control of a road the board shall give the             

6   road a name.  The board may change the name of the road if it               

7   determines that a name change is necessary in order to conform to           

8   a general plan or avoid confusion or duplication.  The name given           

9   by the board to any road under its jurisdiction, either                     

10  originally or in case of a change as provided for in this                   

11  section, is the official name by which the road shall be known.             

12      (2) The board also may enter into agreements with the board                 

13  of county road commissioners in any adjoining county with                   

14  reference to the laying out, maintenance, construction, and                 

15  improvement of inter-county roads.  The decision of each board to           

16  become a party to an agreement is limited to the construction,              

17  improvement, or maintenance of the portion of the road subject to           

18  the jurisdiction of that board.                                             

19      (3) The board of county road commissioners of any county that               

20  has adopted the county road system, at any time, may either                 

21  relinquish jurisdiction of or absolutely abandon and discontinue            

22  any county road, or any part of a county road, by a resolution              

23  adopted by a majority vote.  The procedure for abandonment of a             

24  county road provided in this section is the exclusive procedure             

25  by which a road under the jurisdiction of a board of county road            

26  commissioners may be absolutely abandoned and discontinued.  A              

27  board of county road commissioners has the exclusive jurisdiction           

1   to decide whether a road under its jurisdiction shall be                    

2   absolutely abandoned and discontinued.  This section abrogates              

3   application of the doctrine of common law abandonment that                  

4   permits a road under the jurisdiction of a county road commission           

5   to be declared abandoned by reason of nonuse. The vote of the               

6   county road commissioners in respect to either relinquishment of            

7   jurisdiction or absolute abandonment and discontinuance shall be            

8   taken and entered, and notice given, in the same manner as                  

9   required in this section in cases in which county roads are                 

10  adopted.  After proceedings to relinquish jurisdiction have been            

11  had, the jurisdiction and control of the road, or part of the               

12  road, except as otherwise provided in this section, shall revert            

13  to the municipality within which the road is situated, and the              

14  county shall be relieved of the responsibility for the road.                

15  After proceedings to abandon absolutely and discontinue, the road           

16  or part of the road shall cease to exist as a public highway                

17  unless the unit of government that acquires the property or                 

18  control of the property permits use as a public highway.  Subject           

19  to subsection (8), the board, at the time of the passage of a               

20  resolution to abandon absolutely and discontinue any portion of a           

21  highway under its jurisdiction, shall determine in the resolution           

22  that it is in the best interests of the public that the highway             

23  or portion of the highway be absolutely abandoned and                       

24  discontinued.  The board shall cause a true copy of every                   

25  resolution or other proceeding containing an accurate description           

26  of the lands comprising the highway or portion of the highway               

27  that has been absolutely abandoned and discontinued to be                   

1   recorded in the office of the register of deeds for the county              

2   where the lands are situated.                                               

3       (4) The board of county road commissioners shall not                        

4   absolutely abandon and discontinue any highway, or part of a                

5   highway, except as provided in this section, upon the written               

6   petition of 7 or more freeholders of the township in which the              

7   road is sought to be absolutely abandoned and discontinued.  The            

8   petition for absolutely abandoning and discontinuing a highway              

9   shall describe the road in general terms or by any name by which            

10  it is known, and if the absolute abandonment and discontinuance             

11  of only a portion of a road is asked for, that portion shall be             

12  specified.  The petition shall be accompanied by a true and                 

13  correct list of the names and mailing addresses of the occupants            

14  of each parcel of land abutting the highway, or portion of the              

15  highway, sought to be absolutely abandoned and discontinued,                

16  which list shall be certified to under oath by 1 of the persons             

17  making or presenting the petition.                                          

18      (5) If a petition for absolute abandonment and discontinuance               

19  of a road or portion of a road contains the signatures of all of            

20  the owners of record and occupants of land abutting the road, as            

21  ascertained from the records in the office of the register of               

22  deeds and the certified list provided for in subsection (4), the            

23  board of county road commissioners shall, within 20 days after              

24  receiving the petition, subject to subsection (8), determine the            

25  advisability of the abandonment and discontinuance and either               

26  grant or deny the petition without further proceedings.  In all             

27  other cases the board shall, within 20 days after receiving a               

1   petition, issue a written notice stating the object of the                  

2   petition and appointing a time and place of hearing, which notice           

3   shall be served on the township board of the township in which              

4   the road is situated and on the owners of record and occupants of           

5   lands through or adjoining which it is proposed to absolutely               

6   abandon and discontinue the road, by mailing a copy of the notice           

7   by first-class mail to the township board of the township in                

8   which the road is situated and to the residence of each owner of            

9   record or occupant at his or her last known address at least                

10  30 days before the time of hearing.  The township board of the              

11  township in which the road is situated shall have first priority            

12  to retain the property or portion of the property.  The board               

13  shall  also  notify the township or municipality within which the           

14  road is situated  , and the state transportation department  ,             

15  and of the hearing. The board shall also notify the department             

16  of natural resources if the action concerns any county road or              

17  portion of a county road that borders on, crosses, is adjacent              

18  to, or ends at a lake or the general course of a stream and the             

19  proposed action would result in the loss of public access.  If              

20  the owner does not reside upon the land or the owner of record or           

21  occupant cannot be found within the county in which the land is             

22  situated, the notice to the owner of record or occupant of the              

23  land shall be served by posting in 3 public places in the                   

24  township in which the road is situated, and by publication in a             

25  newspaper circulated within the county, 30 days before the time             

26  of hearing.  Notice shall be served upon railroad companies by              

27  leaving a copy with the agent in charge of any ticket or freight            

1   office of the company operating the railroad, on the railroad               

2   line.  The department of natural resources and the township or              

3   municipality within which the road is situated shall review the             

4   petition and determine within 30 days whether the property should           

5   be retained as an ingress and egress point.  If the road is                 

6   situated in a township, the township shall have first priority              

7   and the department of natural resources shall have second                   

8   priority to retain the property as an ingress and egress point.             

9   If the road is not situated in a township, the department of                

10  natural resources shall have first priority to retain the                   

11  property as an ingress and egress point.                                    

12      (6) Upon the service of the notice required in                              

13  subsection (5), and before any further proceedings are held, the            

14  person by whom the service was made shall make and annex to the             

15  notice, or a copy of the notice, an affidavit stating the time              

16  and manner of service, which shall be by first-class mail, and by           

17  posting and advertising.   In addition, if If service is upon a            

18  railroad company, the affidavit shall  so  state this fact and              

19  shall specify the agent upon whom service was made.  The notice             

20  and affidavit, together with an affidavit of publication if the             

21  notice was published, shall be attached to the petition, and the            

22  whole shall be present at the time of the hearing upon the                  

23  petition.  The board of county road commissioners may designate,            

24  as hearing examiner, an employee to hold the hearing upon the               

25  petition.  After the hearing, the examiner shall report all                 

26  findings of fact to the board.                                              

27      (7) The board of county road commissioners or the                           

1   superintendent or engineer employed by the board shall proceed to           

2   view the premises described in the petition and notice, and the             

3   board shall ascertain the necessity or advisability of absolutely           

4   abandoning and discontinuing the highway pursuant to the                    

5   petition.                                                                   

6       (8) Subject to subsection (5), if the board of county road                  

7   commissioners determines pursuant to this section to relinquish             

8   control, discontinue, abandon, or vacate any county road or                 

9   portion of a county road that borders on, crosses, is adjacent              

10  to, or ends at a lake or the general course of a stream and the             

11  township, if applicable, or the department of natural resources             

12  decides to maintain the road as a public access site, it shall              

13  convey by quitclaim deed or relinquish jurisdiction over the                

14  property if the interest is nontransferable to the township or              

15  the state.  If the township obtains the property or jurisdiction            

16  over the property as an ingress and egress point and later                  

17  proposes to transfer the property or jurisdiction over the                  

18  property, it shall give the department of natural resources first           

19  priority to obtain the property or jurisdiction over the                    

20  property.  If the state obtains the property or jurisdiction over           

21  the property under this subsection, the property shall be under             

22  the jurisdiction of the department of natural resources.  The               

23  state may retain title to the property, transfer title to a local           

24  unit of government, or deed the property to the adjacent property           

25  owners.  If the state has purchased the property with restricted            

26  fund revenue, money obtained from sale of the property shall be             

27  returned to that restricted fund.  The local unit of government             

1   shall either maintain the property as a site of public access or            

2   allow it to revert to the adjoining landowners.                             

3       (9) Subject to subsection (5), if the board of county road                  

4   commissioners determines pursuant to this section to abandon any            

5   county road or portion of a county road to a township, it shall             

6   quitclaim deed the property if the interest is nontransferable to           

7   the township.  The township shall either retain the property or             

8   allow it to revert to the adjoining landowners.                             

9       (10) Within 30 days after final determination upon the                      

10  petition for absolutely abandoning and discontinuing a highway,             

11  the board of county road commissioners shall file with the state            

12  transportation commission a full record and return of its                   

13  proceedings.  A determination by the board of county road                   

14  commissioners under this section is binding for purposes of 1927            

15  PA 341, MCL 247.41 to 247.46.                                               

16      (11) The board of county road commissioners may reserve an                  

17  easement for public utility purposes within the right-of-way of             

18  any road absolutely abandoned and discontinued under this section           

19  and may, by resolution, extinguish any easement so reserved                 

20  whenever the easement ceases to be used for public utility                  

21  purposes.                                                                   

22      (12) If interest in the property is conveyed or control over                

23  the property is relinquished to a local unit or this state under            

24  subsection (8), the local unit or this state, as applicable,                

25  shall operate and maintain the property so as to prevent and                

26  eliminate garbage and litter accumulation, unsanitary conditions,           

27  undue noise, and congestion as necessary.                                   

1       (13) If a person shows substantial noncompliance with the                   

2   requirements of subsection (12), the circuit court may order the            

3   local unit or this state to close the road ending in a manner to            

4   prevent ingress and egress to the body of water for a period of             

5   up to 30 days.                                                              

6       (14) If a person shows substantial noncompliance with the                   

7   requirements of subsection (12) and the circuit court has                   

8   previously closed the road ending for up to 30 days under                   

9   subsection (13), the circuit court may order the local unit or              

10  this state to close the road ending in a manner to prevent                  

11  ingress and egress to the body of water for 90 days.                        

12      (15) If a person shows substantial noncompliance with the                   

13  requirements of subsection (12) and the circuit court has                   

14  previously closed the road ending for 90 days under subsection              

15  (14), the circuit court may order the local unit or this state to           

16  close the road ending in a manner to prevent ingress and egress             

17  to the body of water for 180 days.                                          

18      (16) If a person shows substantial noncompliance with the                   

19  requirements of subsection (12) and the circuit court has                   

20  previously closed the road ending for 180 days under subsection             

21  (15), the circuit court shall order the local unit or this state            

22  to show cause why the road ending should not be permanently                 

23  closed in a manner to prevent ingress and egress to the body of             

24  water.  Subject to subsection (17), the circuit court shall                 

25  permanently close the road ending unless the local unit or this             

26  state shows cause why the road ending should not be closed.                 

27      (17) After a road ending is closed under subsection (16), and               

1   unless the property has been conveyed or relinquished to the                

2   adjacent landowners under subsection (18), the local unit or this           

3   state may petition the circuit court to reopen the road ending.             

4   The circuit court may order the road ending reopened if the local           

5   unit or this state presents a management plan to and posts a                

6   performance bond with the circuit court, and the circuit court              

7   finds that the management plan and performance bond are adequate            

8   to ensure compliance with subsection (12).                                  

9       (18) After a road ending is closed by the circuit court under               

10  subsection (16), 1 or more of the adjacent landowners may                   

11  petition the circuit court to order the local unit or this state            

12  to convey any interest in the property that the local unit or               

13  this state holds to the adjacent landowners, or, if the interest            

14  is nontransferable, to relinquish control over the property to              

15  the adjacent landowners.                                                    

16      (19) Proceedings under subsection (13), (14), (15), or (16)                 

17  shall be initiated by application of 7 owners of record title of            

18  land in the local unit who own land within 1 mile of the road               

19  ending to the circuit court for the county in which the road                

20  ending is located.  The applicants in the proceedings under                 

21  subsection (13), (14), (15), (16), (17), or (18) shall give the             

22  persons described in subsection (5) notice of the application by            

23  registered mail.