Michigan Compiled Laws

Mich. Comp. Laws § 280.128 (2026)

Condemnation proceedings; obtaining right-of-way, easement, or other property interest.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.128 Condemnation proceedings; obtaining right-of-way, easement, or other property interest.

Sec. 128.

If any person whose lands would be traversed or damaged by a proposed drain has not executed a release of the right-of-way, the drainage district may institute condemnation proceedings to obtain the necessary right-of-way, an easement, or other property interest pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1965, Act 108, Imd. Eff. June 30, 1965 ;-- Am. 2013, Act 262, Imd. Eff. Dec. 30, 2013

PopularName Notes:

Act 40

Notes of Decisions

Cited in 2 cases, 1961–1986 · leading case: Bennington Twp. v. Maple River Inter-Cnty. Drain Bd., 386 N.W.2d 599 (Mich. Ct. App. 1986).

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Bennington Twp. v. Maple River Inter-Cnty. Drain Bd., 386 N.W.2d 599 (Mich. Ct. App. 1986). “…project is correct, §§ 121 to 135 are explicitly made applicable to Chapter 8 drains by the provisions of § 192. 8 MCL 280.128; MSA 11.1128.”

Holtz v. Kummerow, 111 N.W.2d 851 (Mich. 1961). · cites it 2× “The petition was filed under section 128 of the drain code (CLS 1956, § 280.128 [Stat Ann 1960 Rev §11.1128]), and was set for hearing May 16, 1960.”

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