Michigan Compiled Laws

Mich. Comp. Laws § 280.490 (2026)

Land especially benefited by drain project; special assessment; resolution; preparation of special assessment roll; conduct of proceedings; objections; hearing in lieu of meeting; use of special assessment collections; reduction of annual levy; charges.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.490 Land especially benefited by drain project; special assessment; resolution; preparation of special assessment roll; conduct of proceedings; objections; hearing in lieu of meeting; use of special assessment collections; reduction of annual levy; charges.

Sec. 490.

(1) Subject to the requirements of section 489a, if the legislative body of a public corporation, which has been assessed under this chapter, determines that a part of the lands in the public corporation will be especially benefited by the drain project to the extent of a portion of the amount assessed under this chapter, the legislative body may cause that portion of the assessment under this chapter to be specially assessed, according to benefits, against the especially benefited lands, if the special assessment method of financing is not inconsistent with local financing policy for similar drains and sewers. The special assessment shall be made under the statutory or charter provisions governing special assessments in the public corporation to the extent applicable. However, if there is not another drain assessment in the district on this particular drain, the special assessment proceedings may be initiated by resolution of the legislative body of the public corporation without petition, after compliance with section 489a, and a petition or written objection in opposition to the levying of special assessments shall be advisory only and shall not require a petition for the project, except as otherwise provided in section 489a.

(2) After determining by resolution to proceed, the legislative body shall cause a special assessment roll to be prepared. After the special assessment roll is prepared, the proceedings with respect to the special assessment roll and the making and collection of the special assessments shall be conducted pursuant to the statute or charter governing special assessments in the public corporation. However, the total assessment may be divided into not more than 30 installments, and a person assessed, at the hearing upon the special assessment roll prepared by the public corporation, may object to the special assessment district previously established by the public corporation. Due consideration shall be given to the objections. A hearing held under this section shall not take the place of a meeting required under section 489a, unless notice is prepared and mailed in the manner prescribed by section 489a.

(3) If a special assessment is levied under this section, all collections from the special assessment shall be used towards the payment of the assessment at large against the public corporation. Each annual levy made for the payment of the assessment at large shall be reduced by the amount of money then on hand from special assessment collections available for this use.

(4) This section shall not be construed to prevent the assessment of public corporations at large under this chapter. In place of or in addition to levying special assessments, the public corporation, under the same conditions and for the same purpose, may exact connection, readiness to serve, availability, or service charges to be paid by owners of land directly or indirectly connected with the drain project, or a combination of projects, subject to section 489a.

History: Add. 1957, Act 37, Imd. Eff. May 14, 1957 ;-- Am. 1965, Act 253, Imd. Eff. July 21, 1965 ;-- Am. 1979, Act 135, Eff. Mar. 27, 1980

PopularName Notes:

Act 40

Notes of Decisions

Cited in 8 cases, 1963–2013 · leading case: Ashley Ann Arbor, LLC v. Pittsfield Charter Twp., 829 N.W.2d 299 (Mich. Ct. App. 2012).

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Ashley Ann Arbor, LLC v. Pittsfield Charter Twp., 829 N.W.2d 299 (Mich. Ct. App. 2012). · cites it 6× “It’s MCL 280.490. and I just want to read one sentence from that so that it’s clear how the Township came to impose this assessment.”

Downriver Plaza Grp. v. Southgate, 513 N.W.2d 807 (Mich. 1994). · cites it 6× “[1] MCL 280.490; MSA 11.1490. [2] The disposition that I would order makes it unnecessary to address other arguments and claims advanced by the plaintiffs.”

Ahearn v. Bloomfield Charter Twp., 597 N.W.2d 858 (Mich. Ct. App. 1999). · cites it 2× “2 See MCL 280.490; MSA 11.1490. The special assessment district, which includes over two thousand residences, commercial establishments, and the Oakland Hills Country Club, is comprised of all of the parcels within the defendant township served by the Bloomfield Village System.”

Butcher v. Twp. of Grosse Ile, 180 N.W.2d 367 (Mich. Ct. App. 1970). · cites it 10× “The charges set forth in the ordinance were based on MCLA § 280.490 (Stat Ann 1968 Rev § 11.1490).”

State of Mich. v. City of Allen Park, 501 F. Supp. 1007 (E.D. Mich. 1980). “§ 280.490 (M.S.A. § 11.1490), as follows: Sec.”

Fair Drain Taxation, Inc. v. City of St. Clair Shores, Michigan, 219 F. Supp. 646 (E.D. Mich. 1963). “489 and § 280.490 as added by Pub.Acts 1957, No. 37, commonly known as and herein referred to as Chapter 20 of the Michigan Drain Code of 1956.”

Ahearn v. Charter Twp. of Bloomfield, 879 F. Supp. 766 (E.D. Mich. 1995). · cites it 4× “The Township, exercising its authority under the Drain Code of 1956, Mich.Comp.Laws § 280.490 (1994), determined that a portion of the cost of constructing the CSO retention basin should be borne by the plaintiffs and other similarly situated owners of real property within the…”

Ashley Ann Arbor LLC v. Pittsfield Charter Twp. (Mich. 2013). “The parties shall include among the issues to be briefed whether a public corporation’s special assessment against an individual parcel of property authorized under the Drain Code, MCL 280.490(1), but implemented through the provisions governing special assessments by the public…”

— Mich. Comp. Laws § 280.490(1) — 3 cases

Ashley Ann Arbor, LLC v. Pittsfield Charter Twp., 829 N.W.2d 299 (Mich. Ct. App. 2012). “It’s MCL 280.490. and I just want to read one sentence from that so that it’s clear how the Township came to impose this assessment.”

Ahearn v. Bloomfield Charter Twp., 597 N.W.2d 858 (Mich. Ct. App. 1999). “2 See MCL 280.490; MSA 11.1490. The special assessment district, which includes over two thousand residences, commercial establishments, and the Oakland Hills Country Club, is comprised of all of the parcels within the defendant township served by the Bloomfield Village System.”

— Mich. Comp. Laws § 280.490(2) — 1 case

— Mich. Comp. Laws § 280.490(4) — 1 case

Downriver Plaza Grp. v. Southgate, 513 N.W.2d 807 (Mich. 1994). “[1] MCL 280.490; MSA 11.1490. [2] The disposition that I would order makes it unnecessary to address other arguments and claims advanced by the plaintiffs.”

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