Michigan Compiled Laws

Mich. Comp. Laws § 280.469 (2026)

Objections to apportionments; notice of hearing; confirmation or readjustment of apportionments; notice of rehearing; final order of apportionment.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.469 Objections to apportionments; notice of hearing; confirmation or readjustment of apportionments; notice of rehearing; final order of apportionment.

Sec. 469.

After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear objections to the apportionments. Notice of the hearing shall be published twice in the county by inserting the notice in at least 1 newspaper published in the county, designated by the drainage board, the first publication to be not less than 20 days before the time of the hearing. The notice shall also be sent by registered mail to the clerk or secretary of each public corporation proposed to be assessed, except that a notice to the state shall be sent to the state highway director and a notice to the county shall be sent both to the county clerk and the county road commission. The mailing shall be made not less than 20 days before the time of hearing. The notice shall be signed by the chairperson and proof of the publication and mailing of the notice shall be filed in his or her office. The drainage board may provide a form to be substantially followed in the giving of the notice. The notice shall include tentative apportionments to the several public corporations. After the hearing, the drainage board may confirm the apportionments as tentatively made, or if it considers the apportionments to be inequitable, it shall readjust the apportionments. If the readjustment involves the increasing of an assessment and an increase shall not be consented to by resolution of the governing body of the public corporation whose assessment was increased, before any readjusted apportionments are confirmed the drainage board shall set a time, date, and place for a rehearing and shall give notice of the hearing as in the first instance. The notice shall also set forth the apportionments as readjusted. After confirmation, the drainage board shall issue its order setting forth the several apportionments as confirmed. The order shall be known as the final order of apportionment.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1978, Act 235, Imd. Eff. June 15, 1978

PopularName Notes:

Act 40

Notes of Decisions

Cited in 6 cases, 1963–2019 · leading case: In Re Petition of MacOmb Cty. Drain Com'r, 120 N.W.2d 789 (Mich. 1963).

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In Re Petition of MacOmb Cty. Drain Com'r, 120 N.W.2d 789 (Mich. 1963). “The judicial problem arises from the planned construction directly athwart the courses of both drainage areas of the depressed expressway; a huge collector of storm water which must be drained with engineered speed during steady or torrential downpours; and from the final…”

City of Sterling Heights v. MacOmb Interceptor Drain Drainage Dist (Mich. Ct. App. 2019). · cites it 4× “MIDD apportioned the emergency repair costs for the Macomb Interceptor among the 11 municipalities served by I, per MCL 280.469 and MCL 280.478, via an “order of apportionment.”

In Re Ten Mile Drain, 123 N.W.2d 719 (Mich. 1963). “[4] CLS 1956, § 280.469 (Stat Ann 1960 Rev § 11.1409). REPORTER.”

Kickham Hanley Pllc v. Oakland Cnty. Michigan (Mich. Ct. App. 2019). · cites it 2× “468; MCL 280.469; MCL 280.478. Drainage boards are statutorily required to determine, after notice and a hearing, the apportionment of the costs and confirm their determinations by issuance of a final order of apportionment.”

Blakely Drain Improvements Drainage Dist. v. City of Woodhaven, 112 Mich. App. 675 (Mich. Ct. App. 1982). “MCL 280.469; MSA 11.1469 states: "After the tentative apportionments of cost have been made, the drainage board shall set a time, date, and place it will meet and hear objections to the apportionments.”

People ex rel. State High. Comm'r v. Macomb Cnty. Drain Comm'r, 369 Mich. 641 (Mich. 1963). “The judicial problem arises from the planned construction — directly athwart the courses of both drainage areas — of the depressed expressway; a huge collector of storm water which must be drained with engineered speed during steady or torrential downpours ; and from the final…”

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