Michigan Compiled Laws

Mich. Comp. Laws § 280.122a (2026)

Judicial determination of drain necessity; filing of action.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.122a Judicial determination of drain necessity; filing of action.

Sec. 122a.

Whenever the drain board finds by majority vote of the whole number of members that the drain is or is not necessary, a person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a determination of necessity. The action shall be filed by the person aggrieved within 10 days after the determination of necessity or no necessity by the drain board.

History: Add. 1970, Act 112, Imd. Eff. July 23, 1970

PopularName Notes:

Act 40

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1982–2022 · leading case: Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982).

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Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982). · cites it 2× “"Allocation", it appears from the language of the clause as adopted on the floor of the constitutional convention before revision by the committee on style and drafting, refers to decisions of the county tax allocation board (see fn 33) pursuant to the Property Tax Limitation…”

Romulus City Treasurer v. Wayne Cnty. Drain Comm'r, 322 N.W.2d 152 (Mich. 1982). · cites it 2× “1493, MCL 280.521; MSA 11.1521, MCL 280.532; MSA 11.1532, MCL 280.”

Porter Twp. v. Van Cass Intercounty Drain Drainage Bd. (Mich. Ct. App. 2022). “Plaintiffs appealed the Board’s necessity determination to the circuit court pursuant to MCL 280.122a. The parties then stipulated to plaintiffs filing an amended pleading raising procedural challenges to the drain proceedings under MCL 280.”

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