Michigan Compiled Laws

Mich. Comp. Laws § 280.195 (2026)

Further right of way; damages.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.195 Further right of way; damages.

Sec. 195.

In case it shall be necessary to secure further right of way and allow damages therefor, for any work contemplated by this chapter, the commissioner shall take all the necessary steps to obtain such right of way as are prescribed by chapter 4, being sections 71 to 84, inclusive, of this act.

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

PopularName Notes:

Act 40

Notes of Decisions

Cited in 2 cases, 1978–2010 · leading case: Toth v. Waterford Twp., 274 N.W.2d 7 (Mich. Ct. App. 1978).

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Toth v. Waterford Twp., 274 N.W.2d 7 (Mich. Ct. App. 1978). “MCL 280.195; MSA 11.1195. 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’.”

Arath II, Inc. v. Heukels Cnty. Drain Dist., 288 Mich. App. 324 (Mich. Ct. App. 2010). “In addition, MCL 280.195 permits the drain commissioner to obtain any right-of-way from Arath that it might need in order to undertake a project to maintain or improve the Heukels Drain.”

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