Michigan Compiled Laws

Mich. Comp. Laws § 280.104 (2026)

Surveyor; duties as to intercounty drain, delivery of papers to board; route.

✓ current as of July 2026
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THE DRAIN CODE OF 1956


Act 40 of 1956


280.104 Surveyor; duties as to intercounty drain, delivery of papers to board; route.

Sec. 104.

    The surveyor or engineer authorized to make the survey shall ascertain the size and depth of the drains, and shall preserve all minutes with reference thereto. He shall prepare plans, drawings and profiles thereof, together with a computation of the yards of earth to be excavated, and where practicable the leveling of the spoil banks or the amount of tile or pipe to be used and the necessary bridges and culverts or fords to be built in constructing the proposed drains, and his estimate of the cost of such construction. He shall thereupon lay out a proposed drainage district, which district may be described by its boundaries of streets and highways or tracts or parcels of land or by a description of all tracts or parcels of land, including therein all highways, townships, counties, cities and villages which would be benefited by the construction of the proposed drain, all of which he shall deliver to the drainage board. The surveyor or engineer shall not be limited to the route described in the application, but may recommend a route and type of construction for the drains he considers most serviceable for draining the area involved.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1961, Act 212, Imd. Eff. June 6, 1961

PopularName Notes:

Act 40
Notes of Decisions
Cited in 2 cases, 1995–2012 · leading case: Maple Grove Twp. v. Misteguay Creek Intercounty Drain Bd., 828 N.W.2d 459 (Mich. Ct. App. 2012).
Maple Grove Twp. v. Misteguay Creek Intercounty Drain Bd., 828 N.W.2d 459 (Mich. Ct. App. 2012). · cites it 3× “The persons so named shall constitute a drainage board and if such work is then determined to be practicable, they may thereupon appoint a competent surveyor or engineer to make a survey of said drain, and lay out a drainage district according to [MCL 280.104]. After the…”
Mc Coalition v. Mc Drain Dist., 534 N.W.2d 168 (Mich. Ct. App. 1995). “Thus, while the drainage board is permitted to appoint a surveyor or engineer to lay out a drainage district according to the requirements of § 104, MCL 280.104; MSA 11.1104, the drainage board is not required to do *566 so in order to determine the necessity of the project.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.