Michigan Compiled Laws

Mich. Comp. Laws § 247.171 (2026)

Encroachments; removal order, service; temporary permit.

✓ current as of July 2026

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HIGHWAY OBSTRUCTIONS AND ENCROACHMENTS; USE OF HIGHWAY BY PUBLIC UTILITIES

Act 368 of 1925

247.171 Encroachments; removal order, service; temporary permit.

Sec. 1.

In every case where a public highway has been or shall be encroached upon by any fence, building, or other encroachment, the commissioner or commissioners having jurisdiction over the road may make an order under his or their hand requiring the owner or occupant of the land through or by which such highway runs, and of which such fence, building, or other encroachment forms a part of the enclosure, to remove such encroachment from such highway within 30 days. A copy of such order shall be served upon such owner or occupant, and every such order shall specify the width of the road, the nature of the encroachment and its location with relation to the center line of the road, and the township, section and fraction thereof in which it may be: Provided, The commissioner or commissioners having the matter in charge may issue temporary permits for fences for the protection of improvements on the adjacent land.

History: 1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4041 ;-- CL 1948, 247.171

FormerLaw Notes:

See section 1 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4401.

Notes of Decisions

Cited in 6 cases, 1953–2003 · leading case: White v. City of Ann Arbor, 281 N.W.2d 283 (Mich. 1979).

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White v. City of Ann Arbor, 281 N.W.2d 283 (Mich. 1979). · cites it 2× “For example, in contrast to the Subdivision Control Act, note also the act governing the obstruction of and encroachment on highways, MCL 247.171 et seq.; MSA 9.251 et seq., particularly MCL 247.”

Turner v. Washtenaw Cnty. Road Comm'n, 467 N.W.2d 4 (Mich. 1991). “The commission is authorized by MCL 247.171 et seq.; MSA 9.251 et seq. to remove encroachments on public roadways.”

Mayor of Lansing v. Pub. Serv. Comm'n, 666 N.W.2d 298 (Mich. Ct. App. 2003). “The relevant part of chapter 247 of the state highway code, MCL 247.171 et seq., was enacted as part of 1925 PA 368 .”

Detroit Edison Co. v. Spartan Express, Inc., 572 N.W.2d 39 (Mich. Ct. App. 1998). “] Spartan claims, incorrectly in our view, that Edison is not entitled to no-fault benefits because although Edison’s wires were on a private drive, this area should be considered as the “traveled portion of the road.” Because the phrase “traveled portion of the road” is not…”

Griffin v. Johnson, 75 N.W.2d 898 (Mich. 1956). “* CL 1948, § 247.171 (Stat Ann § 9.251).”

Grand Rapids Twp. High. Comm'r v. Walkotten, 56 N.W.2d 399 (Mich. 1953). “Walkotten, his wife, defendants, in accordance with PA 1925, No 368 (CL 1948, § 247.171 et seq. [Stat Ann § 9.251 et seq.”

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