Michigan Compiled Laws

Mich. Comp. Laws § 280.72a (2026)

Judicial determination of necessity; filing of action.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.72a Judicial determination of necessity; filing of action.

Sec. 72a.

Whenever the board of determination finds by majority vote of the whole number of members that the drain is or is not necessary, any person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a determination of necessity. The action shall be filed by the person aggrieved within 10 days after the determination of necessity or no necessity by the board of determination.

History: Add. 1968, Act 291, Imd. Eff. July 1, 1968 ;-- Am. 1970, Act 111, Eff. Apr. 1, 1971

PopularName Notes:

Act 40

Notes of Decisions

Cited in 10 cases, 1982–2015 · leading case: Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982).

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Wikman v. City of Novi, 322 N.W.2d 103 (Mich. 1982). · cites it 2× “"Allocation", it appears from the language of the clause as adopted on the floor of the constitutional convention before revision by the committee on style and drafting, refers to decisions of the county tax allocation board (see fn 33) pursuant to the Property Tax Limitation…”

Hitchingham v. Washtenaw Cnty. Drain Comm'r, 445 N.W.2d 487 (Mich. Ct. App. 1989). · cites it 5× “Subsequently, the trial court denied defendant’s motion for accelerated judgment [now summary disposition] on plaintiffs’ request for review under MCL 280.72a; MSA 11.1072(1), but did dismiss plaintiffs’ request for a writ of certiorari under MCL 280.”

Romulus City Treasurer v. Wayne Cnty. Drain Comm'r, 322 N.W.2d 152 (Mich. 1982). · cites it 2× “493; MSA 11.1493, MCL 280.521; MSA 11.1521, MCL 280.”

Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008). “72(3), and aggrieved persons who dislike the determination may seek review in circuit court, MCL 280.72a. If the determination is in favor of making a repair, the drain commissioner may undertake the project, and project costs are apportioned to persons and entities who benefit…”

Grubb Creek Action Comm. v. Shiawassee Cnty. Drain Comm'r, 554 N.W.2d 612 (Mich. Ct. App. 1996). “1191 and MCL 280.72a; MSA 11.1072(1), the board of determination’s finding of necessity that an existing drain requires improvements and repairs may be reviewed by a circuit court.”

Elba Twp. v. Gratiot Cnty. Drain Comm'r, 812 N.W.2d 771 (Mich. Ct. App. 2011). · cites it 2× “72, MCL 280.72a, and MCL 280.161. MCL 280.72 and MCL 280.”

Fritz v. St Joseph Cnty. Drain Comm'r, 661 N.W.2d 605 (Mich. Ct. App. 2003). “There is an action for a circuit court determination of necessity available for a party aggrieved by the board of determination’s findings, MCL 280.72a, and an appeal for municipalities where appropriate, MCL 280.”

Victor Vanmeerbeeck v. Jeffrey Wright (Mich. Ct. App. 2014). “Plaintiffs filed a complaint in the circuit court pursuant to MCL 280.72a, challenging the board’s determination of no necessity.”

John Buchanan v. Oakland Cnty. (Mich. Ct. App. 2015). “A review if the transcripts reveals, however, that the trial court was merely reciting the law under MCL 280.72a—the trial court never stated that any challenge in that case was untimely.”

Arath II, Inc. v. Heukels Cnty. Drain Dist., 288 Mich. App. 324 (Mich. Ct. App. 2010). “72(3), “any person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a determination of necessity,” MCL 280.72a. If a determination is made that a repair or improvement is needed, the…”

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