Michigan Compiled Laws

Mich. Comp. Laws § 221.22 (2026)

Public highway; discontinuance.

✓ current as of July 2026

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PUBLIC HIGHWAYS AND PRIVATE ROADS

Act 283 of 1909

221.22 Public highway; discontinuance.

Sec. 22.

Every public highway already laid out, or hereafter to be laid out, no part of which shall have been opened and worked within 4 years after the time of its being so laid out, shall cease to be a road for any purpose whatever.

History: 1909, Act 283, Eff. Sept. 1, 1909 ;-- CL 1915, 4309 ;-- CL 1929, 3938 ;-- CL 1948, 221.22 ;-- CL 1897, 4063

Compiler's Notes:

This section re-enacts Sec. 22 of Ch. I of Act 243 of 1881, being How. 1317.

Notes of Decisions

Cited in 5 cases, 1951–2019 · leading case: City of Kentwood v. Sommerdyke Est., 581 N.W.2d 670 (Mich. 1998).

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City of Kentwood v. Sommerdyke Est., 581 N.W.2d 670 (Mich. 1998). · cites it 3× “The dissent also claims that we “render[] meaningless” MCL 221.22; MSA 9.23 (establishing that public highways may be discontinued), as well as Lyle v Lesia, 64 Mich 16 ; 31 NW 23 (1887), and Gregory v Knight, 50 Mich 61, 64 ; 14 NW 700 (1883).”

Rice v. Clare Cnty. Road Comm'n, 78 N.W.2d 651 (Mich. 1956). · cites it 2× “Since the plat was recorded in 1925 and the record is silent as to working by the municipality within the next 4 years, we are met at the threshold of the case with plaintiffs’ naked assertion that CL 1948, § 221.22 (Stat Ann § 9.23),-cannot “be utterly disregarded.”

Roebuck v. Mecosta Cnty. Road Comm'n, 229 N.W.2d 343 (Mich. Ct. App. 1975). “Further, plaintiff contends that, if the road was ever a public way, it was abandoned under MCLA 221.22; MSA 9.23, which states: "Every public highway already laid out, or hereafter to be laid out, no part of which shall have been opened and worked within four [4] years after…”

Baker v. Roscommon Cnty. Road Comm'n, 46 N.W.2d 579 (Mich. 1951). “” CL 1948, § 221.22 (Stat Ann § 9.23). As applied to Sam-o-set boulevard it is not at all controlling as to whether there was a formal and timely acceptance of the Shoppenagon Lodge plat.”

Twp. of Grayling v. Alan Berry (Mich. Ct. App. 2019). · cites it 7× “APPLICABILITY OF MCL 221.22 The residents argue that the trial court also erred when it concluded that MCL 221.”

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