April 24, 2007, Introduced by Reps. Accavitti, Gillard, Miller, Mayes, Donigan, Lahti and Condino and referred to the Committee on Agriculture.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 421 (MCL 280.421).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
421. (1) Whenever any person shall obstruct any
established
drain, it shall be the duty of the commissioner to
cause
such obstruction to be removed. Any lessening of the area of
a
drain, which area shall be a cross section of the drain, shall be
deemed
to be an obstruction. A
person shall not obstruct, permit an
obstruction, or otherwise interfere with or encroach upon a drain
or a drain right-of-way. Obstruction is any lessening of the cross-
section of a drain, including, but not limited to, that resulting
from any bridge, cable, pipeline, sewer, conduit, roadway, culvert,
railroad ties, or other structure. Obstruction does not include
construction of a structure as approved by the drain commissioner
or the drainage board. Interfere means any action taken that
hinders or impedes the intended purpose, design, or operation of
the drain or that will increase the cost to the district of
performing any of its work on the drain or that is considered
inconsistent with the district's easement. Encroach means any
action which advances upon the proper, established, or usual limits
of
the drain or drain right-of-way. The
person causing such or
permitting the obstruction or otherwise interfering with or
encroaching upon a drain or drain right-of-way shall be liable for
the
expense attendant upon resulting
from the removal thereof,
together
with the charges of the commissioner. , and the same The
expense shall be a lien upon the lands of the party causing or
permitting
such the obstruction, and all of the expense shall by
the
commissioner be reported interference,
or encroachment. The
commissioner
shall report the expense to the board
of supervisors
commissioners, together with the report of his or her doings in the
premises. ,
and by said board ordered If
the expense remains
unpaid, the board of commissioners shall order the expense spread
upon
the land of the offending party. , should the same remain
unpaid:
Provided, That the The offending party causing such the
obstruction shall be given a notice in writing of at least 5 days
to
remove such the obstruction.
If an emergency exists that
endangers the public health, safety, welfare, or property within a
drainage district, the drain commissioner or the drainage board may
take immediate action to alleviate the emergency condition and
waive the 5-day notice.
(2) This provision as to obstruction, interference, or
encroachment of any drain or drain right-of-way shall not apply
where the obstruction was caused by natural causes, but the owner
of
the stock livestock who shall permit permits his
or her horses,
cattle,
pigs, and other stock livestock to obstruct any drain by
tramping
in it shall be deemed is
considered to be the party
causing
such the obstruction.
(3) Nothing contained in this section shall in any way impede
or bar the right of any person to make criminal complaint under any
existing law for any obstruction, interference, or encroachment of
a drain or drain right-of-way.