Michigan Compiled Laws

Mich. Comp. Laws § 280.191 (2026)

County drains; maintenance and improvements; petition; determination of necessity; apportionment.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.191 County drains; maintenance and improvements; petition; determination of necessity; apportionment.

Sec. 191.

(1) If a drain or portion of a drain traverses lands wholly in 1 county, if lands only in 1 county are subject to assessment, and if the drain needs cleaning out, relocating, widening, deepening, straightening, tiling, extending, or relocating along a highway, requires structures or mechanical devices that will properly purify or improve the flow of the drain or pumping equipment necessary to assist or relieve the flow of the drain, needs supplementing by the construction of 1 or more relief drains, which may consist of new drains or extensions, enlargements, or connections to existing drains, or needs 1 or more branches added to the drain, any 5 freeholders or at least 50% of the freeholders if there are fewer than 5 freeholders whose lands shall be liable to an assessment for benefits of the work, may make petition in writing to the commissioner setting forth the necessity of the proposed work. Upon filing of the petition, the commissioner shall proceed in the same manner provided in this act for the location, establishment, and construction of a drain.

(2) If the petition described in subsection (1) is necessary for the public health of 1 or more cities, villages, or townships, the petition may be signed solely by a representative of a city, village, or township if authorized by its governing body or by a combination of the cities, villages, or townships if each city, village, or township will be liable to assessments at large for a percentage of the total amount assessed for the cost of the proposed work.

(3) As soon as practicable after the board of determination determines the necessity for the work, as provided in section 72, and the commissioner files the final order of determination prescribed in section 151, the commissioner shall proceed as provided in chapter 7. However, if the apportionment is the same as the last recorded apportionments, a day of review is not required.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1956, Ex. Sess., Act 5, Imd. Eff. June 23, 1956 ;-- Am. 1957, Act 119, Imd. Eff. May 24, 1957 ;-- Am. 1959, Act 261, Imd. Eff. Aug. 21, 1959 ;-- Am. 1965, Act 194, Imd. Eff. July 15, 1965 ;-- Am. 1968, Act 79, Eff. Nov. 15, 1968 ;-- Am. 1976, Act 196, Imd. Eff. July 15, 1976 ;-- Am. 2018, Act 647, Eff. Mar. 28, 2019

PopularName Notes:

Act 40

Notes of Decisions

Cited in 17 cases, 1962–2015 · leading case: Elba Twp. v. Gratiot Cnty. Drain Comm'r, 831 N.W.2d 204 (Mich. 2013).

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Elba Twp. v. Gratiot Cnty. Drain Comm'r, 831 N.W.2d 204 (Mich. 2013). · cites it 10× “MCL 280.191. If consolidation of drainage districts is sought, property owners whose lands lie within the districts that would be consolidated may also petition for consolidation.”

Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982). · cites it 2× “See also MCL 280.72a; MSA 11.1072(1); MCL 280.”

Romulus City Treasurer v. Wayne Cnty. Drain Comm'r, 322 N.W.2d 152 (Mich. 1982). · cites it 2× “1161, MCL 280.191; MSA 11.1191, MCL 280.243; MSA 11.”

Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008). · cites it 2× “Specifically, MCL 280.191 requires that, if a drain system presents a problem, at least five property owners within the drainage district must petition the commissioner in writing for a repair.”

Elba Twp. v. Gratiot Cnty. Drain Comm'r, 812 N.W.2d 771 (Mich. Ct. App. 2011). · cites it 17× “Rather, the Drain Commissioner argued, MCL 280.191 and MCL 280.194 applied and, when reading those sections together, only five signatures were required.”

Grubb Creek Action Comm. v. Shiawassee Cnty. Drain Comm'r, 554 N.W.2d 612 (Mich. Ct. App. 1996). “Pursuant to MCL 280.191; MSA 11.1191 and MCL 280.72a; MSA 11.”

Kiesel Intercounty Drain Drainage Dist. v. Dep't of Nat. Resources, 575 N.W.2d 791 (Mich. Ct. App. 1998). “, MCL 280.191, 280.192, 280.482, 280.535; MSA 11.”

Toth v. Waterford Twp., 274 N.W.2d 7 (Mich. Ct. App. 1978). “The commissioner must "endeavor to secure from the owners of each parcel or tract of land to be traversed or damaged by the proposed drain or drains an easement or release of right of way and all damages on account thereof’.”

Quarderer v. Shiawassee Cnty. Drain Comm'r, 267 N.W.2d 151 (Mich. Ct. App. 1978). · cites it 2× “Thus, the drain commissioner correctly proceeded under MCLA 280.191; MSA 11.1191 in the case at bar.”

Fritz v. St Joseph Cnty. Drain Comm'r, 661 N.W.2d 605 (Mich. Ct. App. 2003). “Joseph County Drain Commissioner, pursuant to MCL 280.191. Pursuant to § 72 of the Drain Code, MCL 280.”

Muskegon Twp. v. Muskegon Cnty. Drain Comm'r, 257 N.W.2d 224 (Mich. Ct. App. 1977). “1072, an order of determination of necessity was entered by the drain commissioner and cost estimates and apportionments were made, MCLA 280.151; MSA 11.1151.”

Landowners of Sexton-Kilfoil Drainage Dist. v. Wayne Cnty. Drain Comm'r, 116 N.W.2d 345 (Mich. 1962). “† CLS 1956, § 280.191, as amended by PA 1957, No 119 (Stat Ann 1957 Cum Supp § 11.”

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