CHAPTER XXVI. LAYING OUT, ALTERING, AND DISCONTINUING Relative to laying out, etc., in townships. ing out, etc. on line between eities and villages. An Act relative to laying out, altering, and discontinuing highways. [Approved and took effect March 15, 1861. Laws of 1861, p. 256.] (1252.) SECTION 1. The People of the State of Michigan enact, That whenever any seven or more freeholders of any township shall wish to have a highway in any part of said township, not included within the corporate limits of any city or village, laid out, altered, or discontinued, they may, by writing, under their hands, make application to the commissioner of highways of the township for that purpose, who shall thereupon proceed to determine and act upon such application, and lay out, alter, or discontinue such highway, or any part thereof, as hereinafter provided; and Relative to lay Whenever any five or more freeholders of each of any adjoining municipal corporations, other than adjoining townships, shall wish to have a highway or any boundary line between such corporations laid out, altered, or discontinued, they may, in like manner, make application for that purpose to the corporate authorities of either of such municipal corporations having by law jurisdiction of matters pertaining to laying out, altering, or discontinuing highways; and upon such application being made, the officers to whom it was presented shall immediately notify the like officers of the other corporations interested, of the time and place when and where they will meet such officers to consider, determine, and act upon such application, which time shall not be more than ten days from the time of the presentation of such application; and such several corporate authorities shall thereupon proceed jointly to consider, determine, and act upon such application as hereinafter directed; expenses. extend to coun and the damages which shall be assessed in any case last above pro- Damages and vided for, together with the costs and expenses of the proceedings, shall be paid by each of the municipal corporations on the line between which such highway is located, in proportion to the benefit to be derived therefrom by such corporations, and the same shall be levied and collected in the same manner as other general expenses of such corporation. The provisions of this act shall Provisions to extend to counties, and the boards of supervisors thereof are hereby ties. empowered to make such rules and regulations as may be necessary to carry out those provisions of this act applicable to countyline roads: Provided, That no highway, which shall have been in use Provise. as such for an uninterrupted period of ten years, shall be discontinued except upon the unanimous vote of all the officers or authorities present at such meeting, approved in the case of town ship roads by the township board or boards: Provided, That no Second proviso. such highway shall be laid out through any orchard which had been set out for the period of five years or more, without the con sent of the owner thereof: And provided further, That no second Third proviso. application shall be made within twelve months, or a third application within two years, for that purpose, unless twice the number of freeholders above mentioned, living upon the line of such highway, shall sign such application.1 missioners; of meeting. (1253.) SEC. 2. Whenever the commissioners of highways shall Highway combe applied to, as mentioned in the preceding section, to lay out, duties of. alter, or discontinue any highway, they shall, within five days thereafter, issue a written notice, stating the object of such application, To issue notice and appointing a time and place of meeting of the board of commissioners of highways, which shall be served by said commission- To serve notice. ers, or one of them, on the owners or occupants of lands through which it is proposed to lay out, alter, or discontinue such road, either personally or by a copy left at the residence of said owner or occupant, at least ten days before the time of said meeting; and if Proceedings of, no person shall reside upon such lands, and the owner thereof shall non-resident. not reside in the township, no other service of said notice shall be required than by posting up the same in three public places in the township ten days before the time of meeting.' when owner is sioners. (1254.) SEC. 3. The commissioners shall meet at the time Duty of commisappointed, as provided in the last preceding section, and proceed to view the premises described in said application and notice, and ascertain and determine the necessity of laying out and altering 1 As amended by Act 185 of the Laws of 1871, p. 313, approved April 17, 1871. or discontinuing such highway, and justly and impartially appraise the damage thereon, if any is claimed, and shall, within five days thereafter, make a return of their doings, in writing, signed by them, which return shall state their action in regard to such application, and their award of damages, if any, and to whom payable, Award of dam- if known; and such return shall be filed in the office of the township clerk, with the application for such highway and copy of notice attached thereto : Provided, That they may adjourn from time to time, in their discretion, not to exceed twenty days from the time of first meeting, and shall make their returns to the township clerk within five days from the time of last meeting.' ages. Proviso. Proceedings as to road on township line. Width of public roads. Private roads. Proviso. Things to be considered in the ages. (1255.) SEC. 4. Upon laying out, altering, or discontinuing a highway on the line between adjoining townships, or upon determining what part of such highway shall be made and repaired by each township, the commissioners of such adjoining townships shall act jointly; and application may be made to the commissioners of either township, who shall notify the commissioners of the adjoining township of the time and place of meeting; and said commissioners of adjoining townships shall proceed as before provided, and their return shall be filed in the office of the township clerk of each township, and each township shall have all the rights, and be subject to all the liabilities, in relation to the part of such highway to be made and repaired by such township, as if the same was located wholly in such township. (1256.) SEC. 5. Public roads to be laid out according to the provisions of this act, shall not be less than four rods wide, except in cities or villages, where the commissioners, or other proper authorities, may otherwise determine. Private roads shall not be less than one rod in width; and upon application of any person or persons wishing the same, the commissioners, or other proper authorities, shall have power to lay out, alter, or discontinue such roads, according to the provisions of this act, except section one hereof: And provided, That all the expenses and damages arising therefrom shall be paid by the person or persons making application therefor. (1257.) SEC. 6. If any discontinued highway shall be upon estimate of dam- a tract of land through which a new highway shall be laid out, the same may be taken into consideration in estimating the damages sustained by the owners; and, in like manner, the benefits accruing to owners of lands by reason of laying out or altering any highway, shall be taken into consideration. As amended by Act 128 of the Laws of 1867, p. 171, approved March 27, 1867. (1258.) SEC. 7. All highways heretofore regularly laid out and Existing highways legalized. established in pursuance of existing laws, are hereby declared to be legal highways, subject to alteration or discontinuance the same as other highways; and the commissioners shall have power to lay out and establish highways on section lines, through unenclosed lands, according to the provisions of this act, without the application therefor provided in section one of this act. (1259.) SEC. 8. Whenever a highway shall be laid out or altered, survey. the commissioners shall, if they shall deem the same necessary, cause an accurate survey to be made of the line of said road, and shall file the minutes of such survey in the office of the township clerk of the township in which such road is situated; and the Line of survey premises belonging to any highway shall be a parcel of land not of road. less than two rods wide on each side of the line of said survey, or each side of any section line on which any highway shall be established. to be the center kept by town (1260.) SEC. 9. It shall be the duty of the township clerk to Record to be record, in a book to be kept by him for that purpose, all papers ship clerk. filed in his office relating to laying out, altering, or discontinuing roads, as provided in this act. way purposes; (1261.) SEC. 10. Whenever any owner or owners of land shall Gifts for highgive the same, or any part thereof, to the township, for highway how made. purposes, such owner or owners shall make a statement, in writing, signed by him or them to that effect, and the same shall be filed in the office of the township clerk; and if a road shall be opened and worked thereon, within four years thereafter, the person or persons signing such statement, or those claiming under him or them, shall be precluded from having any action to recover Effect. possession of said land or compensation therefor, so long as the same shall be used for highway purposes. township board. (1262.) SEC. 11. Any person who shall conceive himself aggrieved Appeals to by any determination of the commissioners as to the necessity of laying out, altering, or discontinuing such highways, or in their award of damages, may, within ten days after such determination, appeal therefrom to the township board of said township, or in case of a road on the line of townships, where the determination shall have been made by the commissioners of adjoining townships, to the township boards of such adjoining townships: Provided, Proviso. That any commissioner who may be a member of the township board shall not act on such appeal. (1263.) SEC. 12. Every such appeal shall be in writing, signed Proceedings on by the appellant, and addressed to the township board or boards, appeals. Hearing proof Decision final. ing. as the case may be, and filed with the township clerk, who shall, as soon as may be, after the time limited for taking appeals shall have expired, call a meeting of the township board or boards, ten days' notice of which shall be given by said township clerk to the appellant and one or more of said commissioners from whose determination the appeal was taken. Such notice shall be in writing, and shall state the time and place of meeting, and a copy shall be delivered to said appellant and commissioner, or left at their respective places of residence. (1264.) SEC. 13. The said township board or boards shall proand allegations. ceed, at the time and place specified in the notice, to hear the proofs and allegations of the parties in respect to the necessity of laying out, altering, or discontinuing such highway, or the award of damages, and their decision shall be conclusive and final. Such Shall be in writ- decision shall be reduced to writing, and signed by the board or boards making the same, and filed in the office of the township clerk: Provided, That if the decision, appraisal, and award of the commissioner from which the appeal is taken, be confirmed, or if the award of damages shall be diminished, then in either case the appellant shall pay the whole amount of costs of such appeal, said costs to be ascertained and determined by said board or boards and deducted from the amount of damages awarded.' Costs. Proceedings in cities and vil ages. Proviso. Damages; how assessed and collected. (1265.) SEC. 14. In cities and villages application may be made by ten freeholders, as provided in section one of this act, to the corporate authorities of such city or village, and such corporate authorities shall have power, upon such application, to lay out and establish, open, alter, or discontinue such streets, commons, lanes, alleys, sidewalks, highways, water-courses, and bridges, as may be necessary for the public convenience; and such corporate authorities shall be governed by the regulations that are required in this act to be observed by the commissioners of highways and township clerk, except as to appeal; and the city or village clerk or recorder shall discharge the like duties as are imposed upon the township clerk by the provisions of this act: Provided, That this act shall not be construed to change the manner of opening such roads, streets, alleys, lanes, commons, highways, bridges, or water-courses, as now provided for in the charter of any incorporated city or village. (1266.) SEC. 15. The damage or compensation awarded by the commissioners of highways, township board, or city or village authorities, shall be assessed, levied, and collected upon the taxable 1 As amended by Act 805 of the Laws of 1865. p. 64, approved March 21, 1865. |