Michigan Compiled Laws
Mich. Comp. Laws § 280.321 (2026)
Drains in public highways; permit; release of right of way.
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THE DRAIN CODE OF 1956
Act 40 of 1956
280.321 Drains in public highways; permit; release of right of way.
Sec. 321.
Drains may be laid within or across the right of way of any highway, provided it shall be necessary for the county drain commissioner to obtain first a permit from the highway authority having jurisdiction. If title in fee simple be not in the highway authority, said commissioner shall also obtain a release of right of way for the purposes of such drain from the owner of the land, as provided in sections 73, 74 and 75 of this act.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956
PopularName Notes:
Act 40Notes of Decisions
Cited in 2
cases, 1985–1986 · leading case: Eyde Bros. Dev. Co. v. Eaton Cnty. Drain Comm'r, 398 N.W.2d 297 (Mich. 1986).
Eyde Bros. Dev. Co. v. Eaton Cnty. Drain Comm'r, 398 N.W.2d 297 (Mich. 1986). “[MCL 280.321; MSA 11.1321.] If Mt. Hope Highway had become a public highway by statutory dedication, the title in fee simple would be in the Eaton County Road Commissioner.”
Eyde Bros. Dev. Co. v. Eaton Cnty. Drain Comm'r, 377 N.W.2d 857 (Mich. Ct. App. 1985). “The agreement recognized the drain commissioner’s statutory duty to obtain an easement or release of right-of-way from the subsurface owner, see MCL 280.321; MSA 11.1321 and MCL 235.1; MSA 9.”
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