Michigan Compiled Laws

Mich. Comp. Laws § 41.722 (2026)

Types of improvements authorized; approval; conditions.

✓ current as of July 2026
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PUBLIC IMPROVEMENTS


Act 188 of 1954


41.722 Types of improvements authorized; approval; conditions.

Sec. 2.

    (1) The following improvements may be made under this act:

    (a) The construction, improvement, and maintenance of storm or sanitary sewers or the improvement and maintenance of, but not the construction of new or expanded, combined storm and sanitary sewer systems.

    (b) The construction, improvement, and maintenance of water systems.

    (c) The construction, improvement, and maintenance of public roads.

    (d) The acquisition, improvement, and maintenance of public parks.

    (e) The construction, improvement, and maintenance of elevated structures for foot travel over roads in the township.

    (f) The collection and disposal of garbage and rubbish.

    (g) The construction, maintenance, and improvement of bicycle paths.

    (h) The construction, maintenance, and improvement of erosion control structures or dikes.

    (i) The planting, maintenance, and removal of trees.

    (j) The installation, improvement, and maintenance of lighting systems.

    (k) The construction, improvement, and maintenance of sidewalks.

    (l) The eradication or control of aquatic weeds and plants.

    (m) The construction, improvement, and maintenance of private roads.

    (n) The construction, improvement, and maintenance of a lake, pond, river, stream, lagoon, or other body of water or of an improvement to the body of water. This subdivision includes, but is not limited to, dredging.

    (o) The construction, improvement, and maintenance of dams and other structures that retain the waters of this state for recreational purposes.

    (p) The construction, improvement, and maintenance of sound attenuation walls, pavement, or other sound mitigation treatments unless a written objection is filed in the same manner as provided under section 3 by the record owners of land constituting more than 20% of the total area in the proposed special assessment district. If a written objection is filed, then the township board shall not proceed with the improvement until a petition signed by the record owners of land constituting more than 50% of the total land area in the special assessment district as finally established is filed with the board.

    (2) A road under the jurisdiction of either the state transportation department or the board of county road commissioners shall not be improved under this act without the written approval of the state transportation department or the board of county road commissioners. As a condition to the granting of approval, the state transportation department or the board of county road commissioners may require 1 or more of the following:

    (a) That all engineering with respect to the improvement be performed by the state transportation department or the board of county road commissioners.

    (b) That all construction, including the awarding of contracts for construction, in connection with the improvement be pursuant to the specifications of the state transportation department or the board of county road commissioners.

    (c) That the cost of the engineering and supervision be paid to the state transportation department or the board of county road commissioners from the funds of the special assessment district.

    (3) A lake, pond, river, stream, lagoon, or other body of water under the jurisdiction of a county drain commissioner shall not be improved under this act without the written approval of the county drain commissioner of the county in which the lake, pond, river, stream, lagoon, or other body of water is located.

History: 1954, Act 188, Imd. Eff. May 5, 1954 ;-- Am. 1958, Act 163, Eff. Sept. 13, 1958 ;-- Am. 1964, Act 30, Imd. Eff. May 1, 1964 ;-- Am. 1966, Act 116, Imd. Eff. June 22, 1966 ;-- Am. 1974, Act 143, Imd. Eff. June 5, 1974 ;-- Am. 1976, Act 148, Imd. Eff. June 16, 1976 ;-- Am. 1986, Act 180, Imd. Eff. July 8, 1986 ;-- Am. 1995, Act 139, Imd. Eff. July 10, 1995 ;-- Am. 2002, Act 585, Imd. Eff. Oct. 14, 2002

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1978–2023 · leading case: Hatch v. Grand Haven Twp., 606 N.W.2d 633 (Mich. 2000).
Hatch v. Grand Haven Twp., 606 N.W.2d 633 (Mich. 2000). · cites it 6× “§ 41.722(1)(g) [MSA 5.2770(52)(1)(g)] Bicycle Paths and (k) Sidewalks.”
Niles Twp. v. Berrien Cnty. Bd. of Commissioners, 683 N.W.2d 148 (Mich. Ct. App. 2004). “MCL 41.722. Although the Legislature could have added “fire protection” to the list of improvements authorized in § 2 of the act, the Legislature chose to provide for police and fire protection in its own separate act.”
Niles Twp. v. Berrien Cty. Bd. of Comm'rs, 683 N.W.2d 148 (Mich. Ct. App. 2004). “MCL 41.722. Although the Legislature could have added "fire protection" to the list of improvements authorized in § 2 of the act, the Legislature chose to provide for police and fire protection in its own separate act.”
Ashley Ann Arbor, LLC v. Pittsfield Charter Twp., 829 N.W.2d 299 (Mich. Ct. App. 2012). “731(a) directs that the MTT has “exclusive and original jurisdiction” over various types of tax-based challenges, including special assessments, arising “under the property tax laws in this state.”
Eyde Constr. Co. v. Charter Twp. of Meridian, 386 N.W.2d 687 (Mich. Ct. App. 1986). “2733(b) and MCL 41.722(l)(d); MSA 5.2770(52)(l)(d). 8 Arrowhead, supra, p 516 .”
Toth v. Waterford Twp., 274 N.W.2d 7 (Mich. Ct. App. 1978). “MCL 41.722; MSA 5.2770(52), MCL 41.723; MSA 5.”
Blaser v. East Bay Twp., 617 N.W.2d 742 (Mich. Ct. App. 2000). “MCL 41.722(f)(a); MSA 5.2770(52)(l)(a). 2 See MCL 324.”
Evangelos Gianakos v. Indep. Twp. (Mich. Ct. App. 2023). · cites it 13× “Furthermore, MCL 41.722 provides in relevant part as follows: (1) The following improvements may be made under this act: * * * -4- (c) The construction, improvement, and maintenance of public roads.”
Hatch v. Grand Haven Charter Twp., 584 N.W.2d 641 (Mich. Ct. App. 1998). “See MCL 41.722(l)(g); MSA 5.2770(52)(l)(g) (a township is authorized to construct, maintain, and improve bicycle paths).”
Kenneth J Speicher v. Twp. of Columbia (Mich. Ct. App. 2018). “” MCL 41.722(1)(l). Under MCL 41.721, “a special assessment must have a direct benefit to the property assessed.”
Kenneth J Speicher v. Twp. of Columbia (Mich. Ct. App. 2018). “” MCL 41.722(1)(l). Under MCL 41.721, “a special assessment must have a direct benefit to the property assessed.”
Hartland Glen Dev. LLC v. Twp. of Hartland (Mich. Ct. App. 2015). “] Townships have the statutory authority to make improvements, such as the construction of sewers, MCL 41.722(1)(a), and “to determine that the whole or any part of the cost of an improvement shall be defrayed by special assessments against the property especially benefited by…”
— Mich. Comp. Laws § 41.722(1)(a) — 1 case
Hartland Glen Dev. LLC v. Twp. of Hartland (Mich. Ct. App. 2015). “] Townships have the statutory authority to make improvements, such as the construction of sewers, MCL 41.722(1)(a), and “to determine that the whole or any part of the cost of an improvement shall be defrayed by special assessments against the property especially benefited by…”
— Mich. Comp. Laws § 41.722(1)(c) — 1 case
Evangelos Gianakos v. Indep. Twp. (Mich. Ct. App. 2023). “Furthermore, MCL 41.722 provides in relevant part as follows: (1) The following improvements may be made under this act: * * * -4- (c) The construction, improvement, and maintenance of public roads.”
— Mich. Comp. Laws § 41.722(1)(g) — 1 case
Hatch v. Grand Haven Twp., 606 N.W.2d 633 (Mich. 2000). “§ 41.722(1)(g) [MSA 5.2770(52)(1)(g)] Bicycle Paths and (k) Sidewalks.”
— Mich. Comp. Laws § 41.722(1)(l) — 2 cases
Kenneth J Speicher v. Twp. of Columbia (Mich. Ct. App. 2018). “” MCL 41.722(1)(l). Under MCL 41.721, “a special assessment must have a direct benefit to the property assessed.”
Kenneth J Speicher v. Twp. of Columbia (Mich. Ct. App. 2018). “” MCL 41.722(1)(l). Under MCL 41.721, “a special assessment must have a direct benefit to the property assessed.”
— Mich. Comp. Laws § 41.722(2) — 1 case
Evangelos Gianakos v. Indep. Twp. (Mich. Ct. App. 2023). “Furthermore, MCL 41.722 provides in relevant part as follows: (1) The following improvements may be made under this act: * * * -4- (c) The construction, improvement, and maintenance of public roads.”
— Mich. Comp. Laws § 41.722(f)(a) — 1 case
Blaser v. East Bay Twp., 617 N.W.2d 742 (Mich. Ct. App. 2000). “MCL 41.722(f)(a); MSA 5.2770(52)(l)(a). 2 See MCL 324.”
— Mich. Comp. Laws § 41.722(l)(d) — 1 case
Eyde Constr. Co. v. Charter Twp. of Meridian, 386 N.W.2d 687 (Mich. Ct. App. 1986). “2733(b) and MCL 41.722(l)(d); MSA 5.2770(52)(l)(d). 8 Arrowhead, supra, p 516 .”
— Mich. Comp. Laws § 41.722(l)(g) — 2 cases
Hatch v. Grand Haven Twp., 606 N.W.2d 633 (Mich. 2000). “§ 41.722(1)(g) [MSA 5.2770(52)(1)(g)] Bicycle Paths and (k) Sidewalks.”
Hatch v. Grand Haven Charter Twp., 584 N.W.2d 641 (Mich. Ct. App. 1998). “See MCL 41.722(l)(g); MSA 5.2770(52)(l)(g) (a township is authorized to construct, maintain, and improve bicycle paths).”
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