Mich. Comp. Laws § 247.41

Highway bordering on lake or stream; abandonment, discontinuation, alteration, or vacation.

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DISCONTINUATION OF HIGHWAY BORDERING LAKE OR STREAM

Act 341 of 1927

247.41 Highway bordering on lake or stream; abandonment, discontinuation, alteration, or vacation.

Sec. 1.

A public highway or a portion of a public highway that borders upon, crosses, is adjacent to, or ends at a lake, or the general course of a stream, shall not be abandoned, discontinued, vacated, or have its course altered resulting in a loss of public access by the order or action of an official or officials of a city or village in this state, until an order authorizing the abandonment, discontinuation, alteration, or vacation is made by the circuit court for the county in which the highway is situated in the manner provided in this act.

History: 1927, Act 341, Eff. Sept. 5, 1927 ;-- CL 1929, 3950 ;-- CL 1948, 247.41 ;-- Am. 1996, Act 217, Imd. Eff. May 28, 1996

Notes of Decisions

Cited in 3 cases, 1949–2010 · leading case: 2000 Baum Family Trust v. Babel

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2000 Baum Family Trust v. Babel (2010) mich · cites it 2× “18(5) and (8). 12 Abandonment of a highway is subject to extensive statutory procedures and must be approved by the circuit court in the county where the road is located.”

Village of Bangor v. Township of Bangor (1949) mich “Laws 1948, § 247.41 (Stat. Ann. § 9.51) and 1 Comp. Laws 1929, § 4545, 2 Comp.”

Abbey Homes of Michigan, Inc. v. Wilcox (1979) michctapp · cites it 3× “Defendants claim that the circuit judge misconstrued and misapplied MCL 247.41 et seq.; MSA 9.51 et seq. We disagree and affirm.”

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