Michigan Compiled Laws

Mich. Comp. Laws § 280.73 (2026)

Proposed drain; plans, specifications and cost estimates; route, approval; easements on rights of way.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.73 Proposed drain; plans, specifications and cost estimates; route, approval; easements on rights of way.

Sec. 73.

The commissioner shall secure from a professional engineer, plans, specifications and an estimate of cost of the proposed drain and descriptions of the lands or rights of way needed for the proposed drain. In approving the route of the drain as furnished by the engineers the commissioner shall not be limited to that described in the petition or in the first order of determination, if the new route is more efficient and serviceable. The commissioner shall 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.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1968, Act 79, Eff. Nov. 15, 1968

PopularName Notes:

Act 40

Notes of Decisions

Cited in 5 cases, 1978–2011 · leading case: Wiggins v. City of Burton, 805 N.W.2d 517 (Mich. Ct. App. 2011).

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Wiggins v. City of Burton, 805 N.W.2d 517 (Mich. Ct. App. 2011). · cites it 2× “71, after the drain commissioner has “endeavor[ed] 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,” MCL 280.”

Toth v. Waterford Twp., 274 N.W.2d 7 (Mich. Ct. App. 1978). · cites it 3× “MCL 280.73; MSA 11.1073. (Emphasis supplied.”

Eyde Bros. Dev. Co. v. Eaton Cnty. Drain Comm'r, 398 N.W.2d 297 (Mich. 1986). “[MCL 280.73; MSA 11.1073. Emphasis added.] The emphasized sentence deals with two distinct actions.”

Nelson Drainage Dist. v. Filippis, 436 N.W.2d 682 (Mich. Ct. App. 1989). “MCL 280.73; 280.75, 213.361(k); MSA 11.1073, 11.”

McGregor v. Coggins Drain Bd. of Determination, 445 N.W.2d 196 (Mich. Ct. App. 1989). “The commissioner is required to employ engineers to make recommendations as to the most feasible route and *300 method of solving the problem. In approving the route, he is not limited to the proposal in the petition or to the order of determination.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.