221.20a Declaration of road as public highway; consent; petition; action in circuit court; order; purchase or condemnation.
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221.20a Declaration of road as public highway; consent; petition; action in circuit court; order; purchase or condemnation.
Sec. 20a.
A township with the prior written consent of the board of county road commissioners and upon petition to the township board by 51% of the property owners whose frontage abuts a road may commence an action in circuit court to have the road determined to be a public highway and to determine the length and boundaries of the road. If the court finds that there has been public use of the road for at least 10 years and that public authorities have expended public money on the road, it shall enter an order that the road has become a public highway setting forth the length and boundaries of that public highway.
If the court finds that the road has not become a public highway, the township may in the same action acquire by purchase or condemnation in accordance with section 20h of this chapter the property rights of those owners who in the action claim that the road is not a public highway and the court shall enter its order that the road is a public highway and set forth the length and boundaries of that public highway.
History: Add. 1974, Act 336, Imd. Eff. Dec. 17, 1974 ;-- Am. 1978, Act 233, Eff. Mar. 30, 1979