THE CHARTER TOWNSHIP ACT
Act 359 of 1947
42.1 Short title; charter townships; incorporation; powers, privileges, immunities and liabilities; petition; special census; expenses.
Sec. 1.
(1) This act shall be known and may be cited as “the charter township act”.
(2) A township, having a population of 2,000 or more inhabitants according to the most recent regular or special federal or state census of the inhabitants of the township may incorporate as a charter township. The charter township shall be a municipal corporation, to be known and designated as the charter township of ............................, and shall be subject to this act, which is the charter of the charter township. The charter township, its inhabitants, and its officers shall have, except as otherwise provided in this act, all the powers, privileges, immunities, and liabilities possessed by a township, its inhabitants, and its officers by law and under chapter 16 of the Revised Statutes of 1846, being sections 41.1a to 41.110c of the Michigan Compiled Laws.
(3) A special census of the inhabitants of a township desiring to incorporate under this act shall be taken by the secretary of state upon receipt of a petition signed by not less than 100 registered electors of the township. Within 5 days after receipt of the petition, the secretary of state shall appoint an enumerator or enumerators. An enumerator shall qualify for the office of enumerator, enumerate the inhabitants of the township, and make a return in the manner provided in section 6 of Act No. 279 of the Public Acts of 1909, as amended, being section 117.6 of the Michigan Compiled Laws. The census, when accepted by the secretary of state, shall fix the population of any township so enumerated for the purposes of this act. All expenses incident to the census shall be paid for by the township.
History: 1947, Act 359, Eff. Oct. 11, 1947 ;-- CL 1948, 42.1 ;-- Am. 1949, Act 70, Eff. Sept. 23, 1949 ;-- Am. 1967, Act 238, Eff. Nov. 2, 1967 ;-- Am. 1994, Act 82, Eff. Oct. 1, 1994
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1954–2023 · leading case:
Smith v. Scio Twp., 433 N.W.2d 855 (Mich. Ct. App. 1988).
Smith v. Scio Twp., 433 N.W.2d 855 (Mich. Ct. App. 1988).
· cites it 4× “The primary question presented in this appeal is whether the Headlee Amendment, Const 1963, art 9, § 31, limits a township board's taxing authority to its preincorporation level without a separate vote of the electors when the electors of a general law township vote to become a…”
Armstrong v. Ypsilanti Charter Twp., 640 N.W.2d 321 (Mich. Ct. App. 2002).
“In sum, we conclude that there were no grounds to disqualify the judge handling this case. Because we have affirmed on the above grounds, we need not reach the board members’ argument that the trial court erred in failing to dismiss Armstrong’s first amended complaint with…”
Bloomfield Charter Twp. v. Oakland Cnty. Clerk, 654 N.W.2d 610 (Mich. Ct. App. 2002).
“34(5) of the Charter Township Act, MCL 42.1 et seq. Under subsection 34(5), a successful annexation occurs on “approval by a majority of the quali *5 fied and registered electors voting on the question in the city .”
Shelby Charter Twp. v. State Boundary Comm'n, 387 N.W.2d 792 (Mich. 1986).
· cites it 2× “] In 1977, HB 4030, which sought to amend § 34 of the Charter Township Act, MCL 42.1 et seq.; MSA 5.46(1) et seq., was introduced in the House of Representatives.”
Shields v. Charter Tp. of Comstock, 617 F. Supp. 2d 606 (W.D. Mich. 2009).
“§ 42.1, et seq. The Township Board (“the Board”) consists of seven members: a Supervisor, Clerk, Treasurer, and four Trustees.”
Avon Twp. v. State Boundary Comm'n, 293 N.W.2d 691 (Mich. Ct. App. 1980).
“46(34), amending § 34 of the charter township act, 1947 PA 359 ; MCL 42.1 et seq.; MSA 5.46(1) et seq., is procedural in nature and should be retroactively applied to annexations finalized before the June 15, 1978, effective date of that act.”
Renne v. Waterford Twp., 252 N.W.2d 842 (Mich. Ct. App. 1977).
“In the event of conflict between the two provisions, MCLA 42.1; MSA 5.46(1) indicates that the rules relating directly to charter townships shall govern.”
Capitol City Lodge No 141, Fraternal Order of Police v. Meridian Twp., 282 N.W.2d 383 (Mich. Ct. App. 1979).
“Townships are specifically authorized to adopt and enforce ordinances, and for that purpose may "employ and establish a police department with full *540 power to enforce local township ordinances * * * or may by resolution appropriate funds and call upon the sheriff of the…”
Cent. Advert. Co. v. Dep't of Transp., 413 N.W.2d 479 (Mich. Ct. App. 1987).
· cites it 4× “Citing MCL 42.1 et seq.; MSA 5.46(1) et seq., the hearing officer concluded that Eagle Township was not an "incorporated municipality,” since it did not have a charter nor was it listed on the Secretary of State’s list of chartered townships.”
— Mich. Comp. Laws § 42.1(2) — 3 cases
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