Michigan Compiled Laws

Mich. Comp. Laws § 280.155 (2026)

Bids; appeal; application for board of review, bond.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.155 Bids; appeal; application for board of review, bond.

Sec. 155.

The owner of any land in the drainage district or any city, township, village, district or county having control of any highway which may feel aggrieved by the apportionment of benefits so made by the commissioner, may, within 10 days after the day of review of such apportionments, appeal therefrom and for such purpose make an application to the probate court of the proper county for the appointment of a board of review, by filing with said probate court a notice of appeal and at the same time filing with said court a bond in such sum as the judge of probate may require, with 1 or more sureties to be approved by the judge of probate, conditioned upon the payment of all costs in case the apportionment made by the commissioner shall be sustained. Such appeal may be taken by the county or district road commissioners in behalf of the county, the mayor of any city in behalf of the city, by the supervisor in behalf of any township, or by the president of any village in behalf of the village when authorized by the village or city council, township board or road commission, respectively. Only 1 board shall be appointed by such probate court.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956

PopularName Notes:

Act 40

Notes of Decisions

Cited in 8 cases, 1968–2013 · 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× “See fn 31 for text. [129] MCL 280.161; MSA 11.1161. See also MCL 280.”

Elba Twp. v. Gratiot Cnty. Drain Comm'r, 831 N.W.2d 204 (Mich. 2013). “” MCL 280.155. A party aggrieved by any part of “[t]he proceedings in establishing any drain and levying taxes therefor” can also seek certiorari review.”

In Re Proj. Cost & Special Assessment Roll for Chappel Dam, 762 N.W.2d 192 (Mich. Ct. App. 2009). · cites it 2× “[MCL 280.155.] Then a three-person panel is appointed by the probate court to review the apportionment: The probate court upon receipt of any such application as hereinbefore provided for shall forthwith notify the *147 commissioner in writing of such appeal, and shall thereupon…”

Romulus City Treasurer v. Wayne Cnty. Drain Comm'r, 322 N.W.2d 152 (Mich. 1982). · cites it 2× “581; MSA 11.1581. [11] "A proceeding before the tribunal shall be original and independent and shall be considered de novo.”

In re Waters Drain Drainage Dist., 818 N.W.2d 478 (Mich. Ct. App. 2012). “As permitted by MCL 280.155, plaintiffs appealed the apportionment in the Kent County Probate Court.”

Muskegon Twp. v. Muskegon Cnty. Drain Comm'r, 257 N.W.2d 224 (Mich. Ct. App. 1977). · cites it 3× “MCLA 280.155; MSA 11.1155. As required, the probate court appointed a board of review on February 11, 1975.”

Ray v. Mason Cnty. Drain Comm'r, 210 N.W.2d 810 (Mich. Ct. App. 1973). “1088: MCLA 280.155; MSA 11.1155: MCLA 280.161; MSA 11.”

Kerrigan v. Saginaw Cnty. Drain Comm'r, 162 N.W.2d 289 (Mich. Ct. App. 1968). · cites it 2× “The latter appeal was pursuant to CLS 1961, § 280.155 (Stat Ann 1960 Rev § 11-.1155).”

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