MSA
§ 9.118 NEW PROCEDURE BY NCRC Adopted by NCRC
12-11-96
SB, 716
Effective 5/25/96
Act 218 of P.A. of 1996
§3 NCRC may relinquish or abandon and
discontinue any
1.
Board
at regular meeting either does or does not make a resolution to abandon or
relinquish to Township.
2.
Give
Notice to City or Village in which road is situated.
3.
Publish
for (3) weeks in newspaper.
4.
Prepare
proof of publication and prepare proof of mailing upon City (if applicable.)
5.
Record
the resolution in the Office of Register of Deeds.
NCRC may abandon and discontinue upon
petition of 7 freeholders of Township:
1.
Petition
must be accompanied by list of names and addresses of owners of land abutting
road.
2.
List
must be certified to by one of Petitioners.
§5 NCRC
shall issue Notice of Hearing within 20 days of receiving petition.
1.
NCRC
shall serve such notice on owners abutting road by 1st class mail 30
days before the Hearing.
2.
NCRC
shall also notify Township, MDOT, and DNR (if road is on a lake or stream.)
3.
Only
if owner does not live on the land or within the County: post in 3 places in
Township and publish 30 days before hearing.
4.
NCRC
shall prepare affidavit of mailing notice.
5.
Hold
Hearing and if vacated pass resolution and give notice to Township and publish
for 3 weeks.
6.
File
with MDOT a record of the Proceedings, within 30 days after Resolution
abandoning highway.
7.
Record
the Resolution in the Office of the Register of Deeds.
§5 NCRC
may abandon and discontinue Road if petition contains signatures of all of the
owners of record occupants of land abutting therein:
1.
Within
20 days after receiving said petition; the NCRC shall either grant or deny the
petition without further proceedings.
§5 If
road borders on, crosses, is adjacent to, or ends at a lake or stream:
1.
NCRC
shall also notify Township, or municipality, MDOT, and DNR.
2.
The
DNR and Township shall review Petition and determine within 30 days whether
property shall be retained as an ingress and egress point.
3.
If
in Township, the township has 1st priority & DNR has 2nd
priority to retain as ingress and egress point.
4.
If
not in Township, the DNR has 1st priority to retain as ingress and
egress.
5.
If
NCRC determines to vacate etc, it shall convey by quit claim deed (or by
relinquishing jurisdiction if interest is nontransferable) To The Township Or
State.
6.
Within
20 days after final determination for abandoning a highway, NCRC shall file
with MDOT a full record and return of proceedings.
7.
Record
the Resolution of Abandoning in the Office of the Register of Deeds.
A fee of $250.00 must accompany each
petition.
PETITION
WE, THE UNDERSIGNED, AS FREEHOLDERS of property in _____________________
Township, Newaygo County, Michigan, hereby request that the Newaygo County Road
Commission abandon and vacate the following:
Name of Road:
Description of Road:
Date
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Address
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I, _________________________________ HEREBY CERTIFY THAT THE
ATTACHED CURRENT TAX ROLL WAS ASCERTAINED FROM THE NEWAYGO COUNTY MAPPING
DEPARTMENT. I ALSO CERTIFY THAT I HAVE
HIGHLIGHTED ALL THE LANDOWNERS NAMES THAT ABUT THE PROPOSED ROAD THAT I AM
PROPOSING BE ABANDONED. I OBTAINED THIS
INFORMATION ON _________________________.
(date)
__________________________________ ________________________
SIGNATURE DATE