Michigan Compiled Laws

Mich. Comp. Laws § 224.21 (2026)

County road commissioners; authority to obligate county limitation; roads under construction; duty of county to keep roads in repair; actions brought against board; liability for damages.

✓ current as of July 2026

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PUBLIC HIGHWAYS AND PRIVATE ROADS

Act 283 of 1909

224.21 County road commissioners; authority to obligate county limitation; roads under construction; duty of county to keep roads in repair; actions brought against board; liability for damages.

Sec. 21.

(1) A board of county road commissioners shall not contract indebtedness for an amount in excess of the money credited to the board and received by the county treasurer. However, the board may incur liability to complete roads under construction and upon contracts, after a tax is voted, to an amount not exceeding 3/4 of the tax.

(2) A county shall keep in reasonable repair, so that they are reasonably safe and convenient for public travel, all county roads, bridges, and culverts that are within the county's jurisdiction, are under its care and control, and are open to public travel. The provisions of law respecting the liability of townships, cities, villages, and corporations for damages for injuries resulting from a failure in the performance of the same duty respecting roads under their control apply to counties adopting the county road system. This subsection is subject to section 82124 of part 821 (snowmobiles) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 321.82124 of the Michigan Compiled Laws, and section 81131 of part 811 (off-road recreation vehicles) of Act No. 451 of the Public Acts of 1994, being section 324.81131 of the Michigan Compiled Laws.

(3) An action arising under subsection (2) shall be brought against the board of county road commissioners of the county and service shall be made upon the clerk and upon the chairperson of the board. The board shall be named in the process as the "board of county road commissioners of the county of .......................". Any judgment obtained against the board of county road commissioners in the action shall be audited and paid from the county road fund as are other claims against the board of county road commissioners. However, a board of county road commissioners is not liable for damages to person or property sustained by a person upon a county road because of a defective county road, bridge, or culvert under the jurisdiction of the board of county road commissioners, unless the person serves or causes to be served within 60 days after the occurrence of the injury a notice in writing upon the clerk and upon the chairperson of the board of county road commissioners. The notice shall set forth substantially the time when and place where the injury took place, the manner in which it occurred, the known extent of the injury, the names of any witnesses to the accident, and that the person receiving the injury intends to hold the county liable for damages. This section applies to all county roads whether they become county roads under this chapter or under Act No. 59 of the Public Acts of 1915, being sections 247.418 to 247.481 of the Michigan Compiled Laws.

History: 1909, Act 283, Eff. Sept. 1, 1909 ;-- Am. 1915, Act 75, Eff. Aug. 24, 1915 ;-- CL 1915, 4367 ;-- Am. 1919, Act 388, Eff. Aug. 14, 1919 ;-- CL 1929, 3996 ;-- CL 1948, 224.21 ;-- Am. 1951, Act 234, Eff. Sept. 28, 1951 ;-- Am. 1954, Act 12, Eff. Aug. 13, 1954 ;-- Am. 1996, Act 23, Imd. Eff. Feb. 16, 1996

FormerLaw Notes:

See section 21 of Act 149 of 1893, being CL 1897, § 4282; and Act 82 of 1907.

PopularName Notes:

County Road Law

Notes of Decisions

Cited in 118 cases (7 in the last 5 years), 1951–2026 · leading case: Morgan v. McDermott, 169 N.W.2d 897 (Mich. 1969).

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Morgan v. McDermott, 169 N.W.2d 897 (Mich. 1969). · cites it 112× “On May 24, 1965, third-party defendant filed a motion for accelerated judgment alleging that the first notice to it of any claim of defective highways and of the accident was the statements contained in the third-party complaint and that, as a consequence, the claim was barred…”

Streng v. Bd. of MacKinac Cnty. Road Commissioners, 890 N.W.2d 680 (Mich. Ct. App. 2016). · cites it 36× “On September 2, 2011, plaintiff sent a document titled “MCL 224.21 NOTICE OF INTENT TO PURSUE CLAIM” to the chairperson of defendant and the Mackinac County Clerk.”

Tim Edward Brugger II v. Midland Cnty. Bd of Road Commissioners, 920 N.W.2d 388 (Mich. Ct. App. 2018). · cites it 53× “2d 676 (1972), held-in a half-page decision that relied exclusively on Reich -that MCL 224.21 violated the Equal Protection Clause and was, therefore, unconstitutional and void.”

Nawrocki v. MacOmb Cnty. Road Comm'n, 615 N.W.2d 702 (Mich. 2000). · cites it 12× “[19] MCL 224.21; MSA 9.121 was subsequently amended by 1996 PA 23 , § 1, effective February 16, 1996.”

Chaney v. Dep't of Transp., 523 N.W.2d 762 (Mich. 1994). · cites it 22× “Mullins was distinguished on the basis that it involved a "county's duty to repair county roads under MCL 224.21; MSA 9.121, whereas, here this Court is construing a governmental agency's duty to maintain highways under" the highway exception of the governmental tort liability…”

Killeen v. Dep't of Transp., 438 N.W.2d 233 (Mich. 1989). · cites it 22× “Application of this rule is compatible with the language of MCL 224.21; MSA 9.121, which places the duty to keep county roads in reasonable repair exclusively upon the counties.”

Mullins v. Wayne Cnty., 168 N.W.2d 246 (Mich. Ct. App. 1969). · cites it 20× “[3] The statute applicable to this case is PA 1909, No 283, ch 4, § 21 (MCLA § 224.21 [Stat Ann 1958 Rev § 9.121]), which in relevant part, continuously since enactment ( Kowalczyk v.”

Mason v. Wayne Cnty. Bd. of Commissioners, 523 N.W.2d 791 (Mich. 1994). · cites it 8× “283 of the Public Acts of 1909, as amended, being section 224.21 of the Michigan Compiled Laws.”

Lynes v. St. Joseph Cnty. Road Comm'n, 185 N.W.2d 111 (Mich. Ct. App. 1970). · cites it 15× “) Thus, in addition to incorporating by reference MCLA § 224.21 (Stat Ann 1958 Rev § 9.121), the legislature in enacting MCLA § 691.”

Forest v. Parmalee, 262 N.W.2d 653 (Mich. 1978). · cites it 6× “996(102), supra, states that liability as to county roads shall be as provided in 1909 PA 283 , ch 4, § 21, as amended, being MCLA 224.21; MSA 9.121. However, examination of the latter statute discloses that "[t]he provisions of law respecting the liability of townships, cities,…”

City of South Haven v. Van Buren Cnty. Bd. of Commissioners, 734 N.W.2d 533 (Mich. 2007). · cites it 4× “These statutes further suggest that the Legislature would have specified that a plaintiff may seek restitution for violations of MCL 224.20b, if the Legislature had intended such a result.”

Moerman v. Kalamazoo Cnty. Road Comm'n, 341 N.W.2d 829 (Mich. Ct. App. 1983). · cites it 8× “Any person sustaining bodily injury or damage to his property by reason of failure of any governmental agency to keep any highway under its jurisdiction in reasonable repair, and in condition reasonably safe and fit for travel, may recover the damages suffered by him from such…”

Show all 118 citing cases →

— Mich. Comp. Laws § 224.21(2) — 8 cases

Streng v. Bd. of MacKinac Cnty. Road Commissioners, 890 N.W.2d 680 (Mich. Ct. App. 2016). “On September 2, 2011, plaintiff sent a document titled “MCL 224.21 NOTICE OF INTENT TO PURSUE CLAIM” to the chairperson of defendant and the Mackinac County Clerk.”

Tim Edward Brugger II v. Midland Cnty. Bd of Road Commissioners, 920 N.W.2d 388 (Mich. Ct. App. 2018). “2d 676 (1972), held-in a half-page decision that relied exclusively on Reich -that MCL 224.21 violated the Equal Protection Clause and was, therefore, unconstitutional and void.”

Sekulov v. City of Warren, 650 N.W.2d 397 (Mich. Ct. App. 2002).

Tim Edward Brugger II v. Midland Cnty. Bd of Road Commissioners (Mich. Ct. App. 2018).

Houthoofd v. Tuscola Cnty. Road Comm'n (E.D. Mich. 2020).

— Mich. Comp. Laws § 224.21(3) — 15 cases

City of South Haven v. Van Buren Cnty. Bd. of Commissioners, 734 N.W.2d 533 (Mich. 2007). “These statutes further suggest that the Legislature would have specified that a plaintiff may seek restitution for violations of MCL 224.20b, if the Legislature had intended such a result.”

Ryan Harston v. Cnty. of Eaton, 922 N.W.2d 391 (Mich. Ct. App. 2018).

Tim Edward Brugger II v. Midland Cnty. Bd of Road Commissioners (Mich. 2021).

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