STATE BOUNDARY COMMISSION
Act 191 of 1968
123.1008 Review of proposed incorporations; certifying nonconformance of petition; return of petition; public hearing; commencement of time period; notice of hearing; sufficiency or legality of petition.
Sec. 8.
(1) The commission shall review proposed incorporations considering the criteria established by section 9.
(2) If the commission finds that a petition does not conform to this act, to Act No. 278 of the Public Acts of 1909, as amended, or Act No. 279 of the Public Acts of 1909, as amended, to the extent that the requirements are not superseded by this act, or to the rules of the commission, it shall certify the nonconformance, stating the reasons for the nonconformance, and return the petition to the person from whom it was received with the certificate.
(3) At least 60 days but not more than 220 days after the filing with the commission of a sufficient petition proposing incorporation, the commission shall hold a public hearing at a convenient place in the area proposed to be incorporated. At the public hearing the reasonableness of the proposed incorporation based on the criteria established in this act shall be considered. If section 6 prohibits the commission's acting on a petition because 1 or more petitions or resolutions have priority the time period provided in this section shall commence on the date upon which the prohibition ceases.
(4) The commission shall give notice of the hearing in the manner required by section 4a(1) and by publication in a newspaper of general circulation in the area at least 7 days before the date of the hearing, and by certified mail to the clerks of municipalities and townships affected, at least 30 days before the date of the hearing. After the commission has entered its order for a public hearing on an incorporation proposal, neither the sufficiency nor legality of the petition shall be questioned in a proceeding.
History: 1968, Act 191, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 362, Imd. Eff. Jan. 9, 1973 ;-- Am. 1978, Act 599, Imd. Eff. Jan. 4, 1979
Compiler's Notes:
For provisions of Act 278 of 1909 and Act 279 of 1909, referred to in this section, see MCL 78.1 et seq. and MCL 117.1 et seq.
AdminRule Notes:
R 123.1 et seq. of the Michigan Administrative Code.
Notes of Decisions
Sylvan Twp. v. City of Chelsea, 882 N.W.2d 545 (Mich. Ct. App. 2015).
· cites it 2× “MCL 123.1008(1) and (3). After the hearing, the Commission may deny or approve the petition, or approve the petition with revisions.”
Midland Twp. v. State Boundary Comm'n, 259 N.W.2d 326 (Mich. 1977).
· cites it 2× “* * * [T]he commission shall hold a public hearing at some convenient place in the area proposed to be incorporated, at which public hearing the reasonableness of the proposed incorporation based upon the criteria established in this act shall be considered.”
Shelby Charter Twp. v. State Boundary Comm'n, 387 N.W.2d 792 (Mich. 1986).
“2242(9) provides: Criteria to be considered by the commission in arriving at a determination shall be: (a) Population; population density; land area and land uses; assessed valuation; topography, natural boundaries and drainage basins; the past and probable future urban growth,…”
Twp. of Hopkins v. State Boundary Comm'n (Mich. Ct. App. 2022).
· cites it 4× “5 4 MCL 123.1008 provides: (1) The commission shall review proposed incorporations considering the criteria established by section 9.”
Teridee LLC v. Charter Twp. of Haring (Mich. 2017).
· cites it 2× “10 duties it normally has when reviewing incorporation petitions. 28 Those powers include the ability to consider, among other things, population statistics, the need for governmental services in the incorporated area, and the general effect on the entire community.”
Chase v. State Boundary Comm'n, 303 N.W.2d 186 (Mich. Ct. App. 1981).
“The trial court held that the order merely required the commission to decide whether the original petition should have been amended to add the eighth parcel (Brookland Farms Subdivision), with which the commission complied. We believe that the trial court too narrowly construed…”
Coldwater Twp. v. City of Coldwater, 300 N.W.2d 556 (Mich. Ct. App. 1980).
· cites it 2× “” MCL 123.1008(3); MSA 5.2242(8)(3). The commission must notify interested parties of the public hearing by publishing notification in an area newspaper at least seven days before the date of the hearing, by sending notification by certified mail to clerks of the townships…”
Butler v. State Boundary Comm'n, 238 N.W.2d 578 (Mich. Ct. App. 1975).
· cites it 2× “All that the statute requires the State Boundary Commission to do if it finds the petition for *195 incorporation to be defective is to certify its reason for finding the petition defective to the petitioner.”
— Mich. Comp. Laws § 123.1008(1) — 3 cases
Sylvan Twp. v. City of Chelsea, 882 N.W.2d 545 (Mich. Ct. App. 2015).
“MCL 123.1008(1) and (3). After the hearing, the Commission may deny or approve the petition, or approve the petition with revisions.”
Shelby Charter Twp. v. State Boundary Comm'n, 387 N.W.2d 792 (Mich. 1986).
“2242(9) provides: Criteria to be considered by the commission in arriving at a determination shall be: (a) Population; population density; land area and land uses; assessed valuation; topography, natural boundaries and drainage basins; the past and probable future urban growth,…”
Chase v. State Boundary Comm'n, 303 N.W.2d 186 (Mich. Ct. App. 1981).
“The trial court held that the order merely required the commission to decide whether the original petition should have been amended to add the eighth parcel (Brookland Farms Subdivision), with which the commission complied. We believe that the trial court too narrowly construed…”
— Mich. Comp. Laws § 123.1008(2) — 3 cases
Sylvan Twp. v. City of Chelsea, 882 N.W.2d 545 (Mich. Ct. App. 2015).
“MCL 123.1008(1) and (3). After the hearing, the Commission may deny or approve the petition, or approve the petition with revisions.”
Butler v. State Boundary Comm'n, 238 N.W.2d 578 (Mich. Ct. App. 1975).
“All that the statute requires the State Boundary Commission to do if it finds the petition for *195 incorporation to be defective is to certify its reason for finding the petition defective to the petitioner.”
— Mich. Comp. Laws § 123.1008(3) — 3 cases
Teridee LLC v. Charter Twp. of Haring (Mich. 2017).
“10 duties it normally has when reviewing incorporation petitions. 28 Those powers include the ability to consider, among other things, population statistics, the need for governmental services in the incorporated area, and the general effect on the entire community.”
Coldwater Twp. v. City of Coldwater, 300 N.W.2d 556 (Mich. Ct. App. 1980).
“” MCL 123.1008(3); MSA 5.2242(8)(3). The commission must notify interested parties of the public hearing by publishing notification in an area newspaper at least seven days before the date of the hearing, by sending notification by certified mail to clerks of the townships…”
Butler v. State Boundary Comm'n, 238 N.W.2d 578 (Mich. Ct. App. 1975).
“All that the statute requires the State Boundary Commission to do if it finds the petition for *195 incorporation to be defective is to certify its reason for finding the petition defective to the petitioner.”
— Mich. Comp. Laws § 123.1008(4) — 1 case
Coldwater Twp. v. City of Coldwater, 300 N.W.2d 556 (Mich. Ct. App. 1980).
“” MCL 123.1008(3); MSA 5.2242(8)(3). The commission must notify interested parties of the public hearing by publishing notification in an area newspaper at least seven days before the date of the hearing, by sending notification by certified mail to clerks of the townships…”
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