HIGHWAY OBSTRUCTIONS AND ENCROACHMENTS; USE OF HIGHWAY BY PUBLIC UTILITIES
Act 368 of 1925
247.184 Consent of county or state to construction.
Sec. 14.
(1) A person that proposes to construct a telegraph, telephone, power line or cable television line, broadband line, pipe lines, wires, cables, poles, conduits, sewers, or like structures upon, over or under a county road or bridge, shall obtain the consent of the board of county road commissioners before commencing work.
(2) A person that proposes to construct a telegraph, telephone, power line, cable television line, broadband line, pipe line, wires, cables, poles, conduits, sewers or like structures, upon, over or under a state trunk line highway, or upon, over or under any bridge that this state has participated in constructing, shall obtain the consent of the state highway commissioner before commencing work.
History: 1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4054 ;-- CL 1948, 247.184 ;-- Am. 1972, Act 268, Imd. Eff. Oct. 11, 1972 ;-- Am. 2018, Act 450, Eff. Mar. 21, 2019
Notes of Decisions
Candelaria v. B C Gen. Contractors, Inc, 600 N.W.2d 348 (Mich. Ct. App. 1999).
· cites it 4× “§ 247.184; MSA 9.264. On the day of the accident, Horizon applied for a permit from the MDOT that would allow it to perform the work described.”
McMillan v. State High. Comm'n, 393 N.W.2d 332 (Mich. 1986).
· cites it 2× “See also MCL 247.184; MSA 9.264, which requires the specific approval of county and state authorities for, inter alia, the placement of utility poles in or near a public highway.”
Union Twp. v. City of Mount Pleasant, 158 N.W.2d 905 (Mich. 1968).
· cites it 2× “” CL 1948, § 247.184 (Stat Ann 1958 Rev § 9.264). Defendant’s counsel urges us to read the two statutory sections as mutually exclusive, that is to say, that when the county’s consent is required by section 14, the township’s consent otherwise required by section 13 need not be…”
Candelaria v. Horizon Cablevision, Inc, 653 N.W.2d 630 (Mich. Ct. App. 2002).
“MCL 247.184 (emphasis added). Further, under the recognized exceptions to the general rule of nonliability for a contractor’s negligence, our Supreme Court has refused to impose a nondelegable duty where the risk resulted from absence of safety measures or negligence of an…”
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