Michigan Compiled Laws

Mich. Comp. Laws § 280.75 (2026)

Condemnation proceedings; obtaining right-of-way, easement, or other property interest.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.75 Condemnation proceedings; obtaining right-of-way, easement, or other property interest.

Sec. 75.

If any person whose lands would be traversed or damaged by a proposed drain has not executed a release of the right-of-way, the drainage district may institute condemnation proceedings to obtain the necessary right-of-way, an easement, or other property interest pursuant to the uniform condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.75.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 2013, Act 262, Imd. Eff. Dec. 30, 2013

PopularName Notes:

Act 40

Notes of Decisions

Cited in 4 cases, 1978–2015 · 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 27× “laid out in MCL 280.75.” The City cross-appeals the same circuit court order.”

Hitchingham v. Washtenaw Cnty. Drain Comm'r, 445 N.W.2d 487 (Mich. Ct. App. 1989). “1072(3) (a municipality may appeal an order of the board of determination to the probate court within twenty days after receipt of notification from the drain commissioner), MCL 280.75; MSA 11.1075 (drain commissioner has sixty days after entry of the first order of…”

Toth v. Waterford Twp., 274 N.W.2d 7 (Mich. Ct. App. 1978). “MCL 280.75; MSA 11.1075. Plaintiffs do not challenge the correctness of the trial court’s finding that the existing drain would not be overburdened by the Richmond Street drain.”

John Buchanan v. Oakland Cnty. (Mich. Ct. App. 2015). “Petitioners are not attacking the subject-matter jurisdiction of the trial court to oversee condemnation pursuant to MCL 280.75 (“If any person whose lands would be traversed or damaged by a proposed drain has not executed a release of the right-of-way, the drainage district may…”

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