Mich. Comp. Laws » Michigan Compiled Laws / Chapter 41 / Act 116 of 1923
Michigan Compiled Laws

Mich. Comp. Laws § 41.411 (2026)

Township board, common council, or board of trustees of incorporated village; powers and duties; short title.

✓ current as of July 2026
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TOWNSHIP AND VILLAGE PUBLIC IMPROVEMENT AND PUBLIC SERVICE ACT


Act 116 of 1923


41.411 Township board, common council, or board of trustees of incorporated village; powers and duties; short title.

Sec. 1.

    (1) In township lands, the township board or common council or board of trustees of an incorporated village may do 1 or more of the following:

    (a) Make public improvements and provide public service by constructing bridges over natural or artificial waterways; grading, paving, curbing, stoning, graveling, macadamizing, or cinderizing streets; treating the streets with chloride or other suitable dust laying process or material; laying storm sewers to care for surface water in the streets; destroying weeds; providing street markers and lighting; contracting for public transportation facilities; providing police protection or contracting for police protection; establishing and maintaining garbage and mixed refuse systems or plants for the collection and disposal of garbage and mixed refuse or contracting for such collection and disposal for not to exceed 30 years; constructing or acquiring and maintaining sanitary sewers and sewage disposal plants or equipment; constructing filtration plants; constructing sidewalks; purchasing or constructing waterworks; purchasing fire apparatus and equipment; constructing and maintaining housing facilities for fire apparatus and equipment; making extensions of water mains to provide water for fire protection and domestic uses; trimming and spraying trees and shrubbery; providing and maintaining soil and beach erosion control measures including, but not limited to, the construction of breakwaters, retaining walls, and sea walls, in or for township lands or waters adjacent or contiguous to township lands; establishing and conducting chemical beach treatment service necessary for the control of aquatic nuisances such as swimmers' itch or contracting with others to provide the services.

    (b) Levy and collect special assessments to pay the cost of an improvement or service and issue bonds in anticipation of the collection of the special assessments, upon filing the petition and subject to the terms and conditions provided in sections 2 to 5.

    (2) In an incorporated village, the common council or board of trustees is vested with and shall perform the powers and duties vested by this section and sections 2 to 5 in the township board in areas outside of the incorporated village.

    (3) The township board or common council or board of trustees of an incorporated village may purchase, accept by gift or devise, or condemn private property. If the property is to be acquired by condemnation, the provisions of Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.25 of the Michigan Compiled Laws; the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws; or other appropriate provisions of law may be adopted and used for the purpose of instituting and prosecuting the condemnation proceedings.

    (4) This act shall be known and may be cited as the "township and village public improvement and public service act".

History: 1923, Act 116, Eff. Aug. 30, 1923 ;-- Am. 1925, Act 263, Eff. Aug. 27, 1925 ;-- Am. 1927, Act 58, Imd. Eff. Apr. 21, 1927 ;-- Am. 1929, Act 232, Eff. Aug. 28, 1929 ;-- CL 1929, 2385 ;-- Am. 1931, Act 140, Imd. Eff. May 21, 1931 ;-- Am. 1937, Act 318, Imd. Eff. July 27, 1937 ;-- Am. 1941, Act 201, Eff. Jan. 10, 1942 ;-- Am. 1945, Act 239, Eff. Sept. 6, 1945 ;-- Am. 1947, Act 150, Imd. Eff. June 2, 1947 ;-- CL 1948, 41.411 ;-- Am. 1952, Act 43, Imd. Eff. Apr. 1, 1952 ;-- Am. 1957, Act 227, Eff. Sept. 27, 1957 ;-- Am. 1961, Act 33, Imd. Eff. May 18, 1961 ;-- Am. 1967, Ex. Sess., Act 1, Imd. Eff. Nov. 3, 1967 ;-- Am. 1989, Act 82, Imd. Eff. June 20, 1989

Notes of Decisions
Cited in 11 cases, 1950–2015 · leading case: Dep't of Env't Quality v. Worth Twp., 814 N.W.2d 646 (Mich. 2012).
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Dep't of Env't Quality v. Worth Twp., 814 N.W.2d 646 (Mich. 2012). · cites it 8× “35 Under the Township and Village Public Improvement and Public Service Act, MCL 41.411 et seq., a township has the power to finance, construct, and maintain a sewerage system.”
NL Ventures VI Farmington, LLC v. City of Livonia, 886 N.W.2d 772 (Mich. Ct. App. 2015). “and MCL 41.411 et seq. As such, plaintiffs claims of tortious interference and civil conspiracy cannot be sustained.”
Dep't of Env't Quality v. Worth Twp., 808 N.W.2d 260 (Mich. Ct. App. 2010). “MCL 41.411(1) and (3). Further, townships have the statutory authority to adopt ordinances regulating public health, safety, and welfare, including ordinances that require individual property owners to hook up to a public sanitary-sewerage system.”
McSwain v. Redford Twp., 434 N.W.2d 171 (Mich. Ct. App. 1988). “MCL 41.411; MSA 5.2411 vests townships with the authority to make public improvements, including the installation of sanitary sewers, upon approval by a certain percentage of the affected residents.”
Citizens Ins. v. Bloomfield Twp., 532 N.W.2d 183 (Mich. Ct. App. 1995). “; MCL 41.411 et seq.; MSA 5.2411 et seq. Thus, plaintiff must affirmatively establish that the trespass-nuisance exception applies.”
Twp. of Grosse Ile v. GROSSE ILE BRIDGE Co., 722 N.W.2d 220 (Mich. 2006). “2(3) and MCL 41.411(3). Here, plaintiff adopted a resolution statement of necessity, expressing several reasons for condemning defendant's property.”
Twp. of Gaines v. Carlson, Hohloch, Mitchell & Piotrowski, Inc., 261 N.W.2d 71 (Mich. Ct. App. 1977). “, MCLA 41.411 et seq.; MSA 5.2411 et seq., MCLA 41.”
Toteff v. Vill. of Oxford, 562 F. Supp. 989 (E.D. Mich. 1983). “§ 41.411. Thus, the instant inquiry focuses on whether Mr.”
City of Pleasant Ridge v. Twp. of Royal Oak, 44 N.W.2d 333 (Mich. 1950). · cites it 2× “y of laches for not proceeding sooner to institute proceedings to compel such reassessment? Commencing in the year 1926 and ending September 1, 1928, the township of Royal Oak created 35 ■special assessment districts under the provisions of PA 1923, No 116, as amended by PA…”
Damico v. Shelby Twp., 236 N.W.2d 69 (Mich. Ct. App. 1975). “Defendant first contends that such authority is found in MCLA 41.411 et seq.; MSA 5.2411 et seq. This statute, known as the township and village public improvement act, was first enacted in 1923, and authorized townships to make various improvements, including sidewalks, upon…”
Nat'l Steel Corp. v. Bates Twp., 130 N.W.2d 882 (Mich. 1964). · cites it 2× “authorization of the township’s electors was to increase the 15-mill tax rate limitation by 8 mills “for building, constructing, extending and maintaining water and sewer lines within said township”, the subsequent levy and collection of such additional millage for such…”
— Mich. Comp. Laws § 41.411(1) — 2 cases
Dep't of Env't Quality v. Worth Twp., 814 N.W.2d 646 (Mich. 2012). “35 Under the Township and Village Public Improvement and Public Service Act, MCL 41.411 et seq., a township has the power to finance, construct, and maintain a sewerage system.”
Dep't of Env't Quality v. Worth Twp., 808 N.W.2d 260 (Mich. Ct. App. 2010). “MCL 41.411(1) and (3). Further, townships have the statutory authority to adopt ordinances regulating public health, safety, and welfare, including ordinances that require individual property owners to hook up to a public sanitary-sewerage system.”
— Mich. Comp. Laws § 41.411(3) — 2 cases
Dep't of Env't Quality v. Worth Twp., 814 N.W.2d 646 (Mich. 2012). “35 Under the Township and Village Public Improvement and Public Service Act, MCL 41.411 et seq., a township has the power to finance, construct, and maintain a sewerage system.”
Twp. of Grosse Ile v. GROSSE ILE BRIDGE Co., 722 N.W.2d 220 (Mich. 2006). “2(3) and MCL 41.411(3). Here, plaintiff adopted a resolution statement of necessity, expressing several reasons for condemning defendant's property.”
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