Michigan Compiled Laws

Mich. Comp. Laws § 117.7 (2026)

Incorporation, consolidation or alteration of boundaries; fifth class cities; population requisites; representation on board of supervisors.

✓ current as of July 2026

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THE HOME RULE CITY ACT

Act 279 of 1909

117.7 Incorporation, consolidation or alteration of boundaries; fifth class cities; population requisites; representation on board of supervisors.

Sec. 7.

Said petition shall accurately describe the proposed boundaries of the city, or of the territory to be annexed thereto or detached therefrom, and if the purpose is to incorporate a new city, it shall represent that the territory described contains not less than 2,000 inhabitants and an average of not less than 500 inhabitants per square mile: Provided, That all incorporated villages in which a county seat is located are hereby authorized to incorporate under the provisions of this act as cities of the fifth class, without respect to the population of the territory included therein: Provided further, That any incorporated village having a population of more than 750 and less than 2,000 inhabitants, or any incorporated village lying within more than 1 township in the same county having a population of more than 600 and less than 2,000 inhabitants, or any territory containing a population of more than 750 and less than 2,000 inhabitants and an average of not less than 500 inhabitants per square mile may incorporate under the provisions of this act as cities of the fifth class. Such cities shall constitute but 1 voting precinct except in cities lying within more than 1 county and the mayor thereof, or whenever provided by resolution of the legislative body of any such city, the city attorney, city manager, or city superintendent shall be among the representatives of the city on the board of supervisors of the county or counties: Provided further, Whenever in the process of incorporating a city of the fifth class and adopting a charter therefor, it shall be disclosed by an official census that the population exceeds 2,000 inhabitants, then all proceedings theretofore taken shall be deemed to be for a non fifth class city under this act.

History: 1909, Act 279, Eff. Sept. 1, 1909 ;-- CL 1915, 3310 ;-- Am. 1917, Act 286, Eff. Aug. 10, 1917 ;-- Am. 1923, Act 196, Eff. Aug. 30, 1923 ;-- Am. 1927, Act 303, Imd. Eff. June 1, 1927 ;-- CL 1929, 2243 ;-- Am. 1947, Act 91, Eff. Oct. 11, 1947 ;-- CL 1948, 117.7 ;-- Am. 1951, Act 40, Eff. Sept. 28, 1951 ;-- Am. 1953, Act 175, Eff. Oct. 2, 1953 ;-- Am. 1955, Act 33, Eff. Oct. 14, 1955

Notes of Decisions

Cited in 7 cases, 1957–1987 · leading case: People v. Krezen, 397 N.W.2d 803 (Mich. 1986).

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People v. Krezen, 397 N.W.2d 803 (Mich. 1986). · cites it 2× “1592, and cities of the fifth class and home rule cities, MCL 117.7; MSA 5.2086. For villages [10] and fourth *694 class cities, [11] the Legislature specifically provides statutes delineating the authority of the local governing bodies over their police and the general powers…”

City of Saugatuck v. SAUGATUCK Twp., 403 N.W.2d 100 (Mich. Ct. App. 1987). · cites it 3× “The crux of the township’s position here is found in MCL 117.7; MSA 5.2086, which provides: Said petition shall accurately describe the proposed boundaries of the city, or of the territory to be annexed thereto or detached therefrom, and if *55 the purpose is to incorporate a…”

Haveman v. Kent Cnty. Road Commissioners, 96 N.W.2d 153 (Mich. 1959). “” CL 1948, §117.7 (Stat Ann 1949 Rev § 5.2096). The question involved the construction of the clause “and an average of not less than 500 inhabitants per square mile.”

City of Williamston v. Wheatfield Twp., 370 N.W.2d 325 (Mich. Ct. App. 1985). “2085 and MCL 117.7; MSA 5.2086 provide procedures for filing detachment *718 petitions.”

Burton Twp. v. Genesee Cnty., 119 N.W.2d 548 (Mich. 1963). · cites it 2× “6, as amended by PA 1957, No 210, and CLS 1956, § 117.7 (Stat Ann 1961 Cum Supp §§ 5.2085, 5.”

Twp. of Kalamazoo v. Kalamazoo Cnty. Supervisors, 84 N.W.2d 475 (Mich. 1957). “CL 1948, § 117.7, as amended by PA 1955, No 33 (Stat Ann 1955 Cum Supp § 5.”

Taliaferro v. Genesee Cnty. Supervisors, 92 N.W.2d 319 (Mich. 1958). “” CLS 1956, § 117.7 (Stat Ann 1957 Cum Supp § 5.2086) provides in part: “Said petition shall accurately describe the proposed boundaries of the city, or of the territory to be annexed thereto or detached therefrom, and if the purpose is to incorporate a new city, it shall…”

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