New Highway Law

An Act relativo to laying out, altering and discontinuing highways. Seotion 1. The Peope of the. State of Michigan enact, That whenever any seven or more freeholders of any lown8hip Bhall wish to have a highway in any part of said township, not included withiD the corporate limits of any city or village, laid out, altered, or discontinued, they muy, by writing under their hands, make applioation to the commissjpners of highways of the tovvnships for that purpose, who shall proceed to lay out, alter, or discontinue Kuch highway aa hereinafter directed : Provided, That no second applieation shall be made within twolve iuonths for that purpose. Seo. 2. Whenever the commissioners of highways shall be applied to, as mentioned in the precediDg section, to lay out, alter, or discontinue any highway, they shull within üve days thurealter, issue a written notice, stating the object of such application, and appointing a timo and place of rneuting of the board of cominissioriers of highways, which shall be served by said commissioners, or one of them, on the owners or accupanta of lands through which itis pioposed to lay out, alter, or discontinue suoh road, either personally or by copy left at the residence of said owner or occupant at least ten days before the tirne of said meeting, and by posting up the same in threo public places in the township ten days botore the time of inaoting. Sec. 3. The commissioners phall moet at the time and place appointed as prorided iu the last preceding section, and proceed to view ihe premises described in said application and notice, and ascertain and determine the nocessity of laying out, altering, or diseontinuÍDg such highway and justly and impartiully appraise the damage thureon, if any is claimed, and shall, within ive days thereafter, make a return of leir doings in writing signed by them, ■hich return shall stato their action in egard to such application and their ward of damages, if any, and to whorn payable il knovvn, and such eturn shall be filed in the office ot the ownship clerk, vvith the application or such highway, and copy of notice ttached thereto. Sec. 4. Upon laying out, altering, r discontinuing a highway on tho line )etween adjoining townships or upou etermining what part of such highway shall be made and repaired by each ownship, tho commissioners of such adjoining townships, shall act jointly, and application may be made to the ommissioners of either townsiiip, who hall notify the commissioners of the adjoining townehip of the time and )lace of said meeting, and said commissioners of adjoining townships shall proceed as bafore provided, and their return shaübe filed in the office of the township clerk of each township, and each township shall have all the rights and be snbiect to all tho liabilities in relation to the part of such highway to e made and ropaired by such towndhip, as il' the same was looated wholly n such township. Beo. 5. Public roads io be laid out according to the provisions ol this act, shall not be less than four rods wide, except in oities or villages, where the commissioners or proper authoriües may othervvise deterraiue. Private roads shall notbe less than ono rod in width ; and upon application of any jerson or persons wishing the same the ommissioners or other proper authorities, shall have the power to lay out, alter or discontinue such roads, according to the provisions of this act, accept sectioQ one hereof : And providing, That all the oxpenses and damages arising thereirom shall be paid by the person or persons making application therelor. Bkc. 6. If any discontinued highway shall be upon a tract Of land through which a new highway shall be laid out, the same may be taken into consideration in estimating the dainages sustained by the owners, and in like manner, the benefits accuring to owners ot lands by reason of laying out or altering any highway, shall be taken iuto consideration. Suo. 7. All highways heretofore rogularly laid out and established in pursuance of existing lawa 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 establiwh highways on section lines, through unenclosed lands, according to the provisions of this act, without the applicaion therefor provided in -eection one of this act. Sec, 8. Whenever a highway shall be laid outor altered tha comnaissioners shall, if they shall doem the same necessary, cause an accurate survey to bo made of the lino of said road, and shall file the minutes of such survey in the office of the townstiip clerk of the township in which such road iseituated the premises belonging to any highway shall be a parcel of land not less than two rods wida on euch side of th section line on which any highway sha! be established. Sec. 9. It shall be the duty of th township clerk to record in a book, t be kept by him for that purpose, al papers filed in his office relating t luying out alteiinj or discontinuing roads as providud in this act. Sec. lü. Whenever any owner o owners ot land shall give the sume o any part thereof, to the township fo highway purposes, such owner o owners shall mako a statement i writing, signed by him or them to tha eflect, and the same shall be filed in th office of' the township clerk, and if road shall be oponed and worked thert, on, within four years thereafter, th person or persons signing such state ment or thoso claiming under him o tbüm, shall be precluded from havinj any action to recover possession of saic land, or compensation theroafter, s long as the same shall bo used for higl way purpofcps. ökc, 11. Any person who shall con ceive himself aggrieved by any deter rnination of the eoinmissioners as to th necessity of laying out altering or di continuing suoh highway or in the award of damflgee, may, within tei day after such detenninatioii, appea therefrom to the township board o said township, or in case of a road o the line of townships, where the deter mination shall havo boen made by th 1 coiimiisisionere of adjoining luW8bip J Provided, That any commissioner who i raay be a member of the township i boird shall not act on suok appoal. : Sec. 12. Every uppeal shall be in ' writing, signed by the appellant, and addresned to the township board or boards, ns the caso may be, and filed with the township clerk, who shull, as soon as may be, after the time lnnited for taking appeals shall have expired, cali a meeting of the township board or boards, ten days uotice of which shall be givon by snid townahip clerk to the appellant, and oue or more of said t missioners from whose determination the appeal was taken; sueh notice shall ! be in writing, and shall state tho time and plaeof meeting, and a copy shall be deüvered to said appellant and commissioner, or left at thoir respective placos ol residence. Sec. 13. The said township board or boards shall proceed at the time and place speeified in the notice, to hear the proof and ullegatioua of the parties in respect to the said damagep, and their decisión shall be conclusivo and final; such decisión shall be reduced to writing, and eigned by the board or boards makiDg the saine, and filed in the office of the township clerk: Provided, That if the appraisal and award of the cornmiseioners from which ihe appeal is taken be confirmed, or if the award of dama;,es shall bo diminished, then, in either case, the appellant shall pay the whole amount oi the costs of such appeal, said costs to be ascertaiued and determinad by said board or boards, and deducted from the amount F damages awarded. Sbc. 14. In citios and villagos, np )lication may be made by ten fieuholdrs as provided in sec! ion one of this et, to the corporate authoriües of such ty or village, and such corporatö auïorities shall have power upon such pplioation, to lay out and established, pen, alter or discontinue such streets, cummons, lanes, alleys, sidewalks, highways, water courses and bridgos, as may bo necessary lor the public convenience, and such corporate authoritie shall be governed by the regulations that are required in this act, to be observed bv the commissiuners ol highwavs and township clerk; except as to appeal, and the city or village clerk, or recorder ehall discharge the like dutius ;is are imposod upon thq township clerk, bv the provisious ol this act: Procided, That this act shall not be construed to change the manner of opening such roads, streets, alleys, lanes, commons, highways, bridges or wutereourse, as is now provided for in tho charter of any incorporated city or village. Sec 15. The damages or compensalion awarded by the commissiuners ol highways, township board, or city or villagu authorities, shall be assessed, levied and collected upon the taxable property of such township, city or village, in tho same manner as other taxes are levied and collecte J. Sec. 16. When the damage or o mpensation aforesaid, ehall have been paid or tendered to the persons entitled hereto, or an order on the treasurer 3Í the proper township, city or village, or the ainount of sucii damages, huil lave been executed and dhvered or undered to such person or persons; aid commissioners of highways of any ownship or city, or village authorities o{ any city or village, ehall then give Qotioe to the owner or occupnnt ol th and through which any such highway, 3treet, lane, alley or conitnon, shall have een lai J out, alterad or estab'ished, and require him, within such time as hey shall deem reasonable, not less than sixty days aiter given such notice, o remove his fence or fonces, and in case such owner or ocevpant shull neglect or refuse to reraova his fence or feaces within the time epecined in such notice, the said commissioners or city or vilhigu authorities bhall have uil power, and it shall bo thuir duty to enter with such aid and assistaneo as shall be neeossary, upon the premisos and remove such fence or feneos, and open sueh highway, street, lane, alloy or comtnon without dtlay, alter the time specifiod in such notice, shall have expired: Provided, That in townships uo person shall be required to remove ais i'ence or fences betweeu the first day of April and the first day of November. Sec. 17. Every public liighway already laid out, or hereafter to be laid out, no part oí wliich shall have been opened and workud within four jeurs alter the time of its being laid out shall cease to be a road for my purpose whatever; and all public highways now in use and duly recorded, and al! roads not recorded whieh havo been used ton vears or more, or which may hereafter be laid out and not rocordcd, aud which shall have been used ten years or more, shall be deemed public highways, subject to be altered or discontinued according to the provisión of this act, Seo 18. It shall be the duty of the several cominissioners of highways of the several townships to cause a state ment to be presentod at the unnua township meeting, of the improvement neeessary to ba made q tho roadn ant bridges in such townships for the en suing year, and an estímate of the probable expense thereol', bevond what the labor to be assessed for that year will accoinpli.-íh ; and such n. eeting maj vote for the raiing of a sum not es eeeding one-half of one per cent. upon the aggregate valuation of the propert in the tOWfluhip according to the asscss ment roll of the preceding year, anc the sijm so voted shall bo leviod ant collouted in the same manner as othe township expenses, Sec. 19. Act No. 13, of the eession laws of 185, relativo to altering, layinf, out and discontinuing h'ghways, ap proved February 3d, 1858, and all acts or parts of aots, contravening th prov'it-ions of this act are hereby re poaloct. Skc. 20. This act shall tako im medíate effect,