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Can anybody help me with this?

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0UTSIDER

Junior Member
What is the name of your state? Michigan.

What follows is a law in Michigan. Our village is attempting to put in a municipal sewer system, and the township is involved. The amount of the township involvment is approx. 15% of the total area of the township. I am attempting to find out if this law would prevent the township from being a part of the sewer system because as I read it, 80% of the township must be involved for them to be able to levy a special assessment.


41.412 Special assessment district; creation, enlargement, and discontinuance; petitions; assessment.

Sec. 2.

Upon the filing of petitions verified both as to signature and ownership, signed by record owners of land to be made into a special assessment district in which an improvement or service specified in section 1 is desired by the owners of the land, the township board may construct and maintain the improvement or provide the service, determine the cost of the improvement or service, and create, define, and establish a special assessment district within all or within and comprising not less than 80% of the area. The cost of the improvement or service shall be levied upon the district. However, the record owners of not less than 51% of the land actually created into the special assessment district by the township board must have signed the petitions. A district established and assessed may be enlarged through a petition, circulated and signed as required for an original district, but covering only the area to be added to create the enlarged district. Benefits of an improvement or service may be extended to the added part, and the entire enlarged district may be assessed for the improvement or service, as provided for an original district. If a service has been instituted and no assessment bonds for the service are outstanding, the service may be discontinued upon petition by owners of 51% of the lands.

Any and all help would be great. Thanks.
 


HomeGuru

Senior Member
0UTSIDER said:
What is the name of your state? Michigan.

What follows is a law in Michigan. Our village is attempting to put in a municipal sewer system, and the township is involved. The amount of the township involvment is approx. 15% of the total area of the township. I am attempting to find out if this law would prevent the township from being a part of the sewer system because as I read it, 80% of the township must be involved for them to be able to levy a special assessment.


41.412 Special assessment district; creation, enlargement, and discontinuance; petitions; assessment.

Sec. 2.

Upon the filing of petitions verified both as to signature and ownership, signed by record owners of land to be made into a special assessment district in which an improvement or service specified in section 1 is desired by the owners of the land, the township board may construct and maintain the improvement or provide the service, determine the cost of the improvement or service, and create, define, and establish a special assessment district within all or within and comprising not less than 80% of the area. The cost of the improvement or service shall be levied upon the district. However, the record owners of not less than 51% of the land actually created into the special assessment district by the township board must have signed the petitions. A district established and assessed may be enlarged through a petition, circulated and signed as required for an original district, but covering only the area to be added to create the enlarged district. Benefits of an improvement or service may be extended to the added part, and the entire enlarged district may be assessed for the improvement or service, as provided for an original district. If a service has been instituted and no assessment bonds for the service are outstanding, the service may be discontinued upon petition by owners of 51% of the lands.

Any and all help would be great. Thanks.
**A: you best contract a local attorney.
 

0UTSIDER

Junior Member
I don't have the money they want for the proposed assessment,($15,000), let alone enough for an attorney. Was hoping somebody here could give an opinion.
 

HomeGuru

Senior Member
0UTSIDER said:
I don't have the money they want for the proposed assessment,($15,000), let alone enough for an attorney. Was hoping somebody here could give an opinion.

**A: that was my opinion. In order to properly give you advice, a local attorney must review your CC&R's, meeting minutes of the asessement approval, state statutes and case laws, township ordinances etc. pertinent to your issues. There are a lot of specifics that must be reviewed. There is no magic response or a yes or no answer. Inasmuch as we would like to help you, we can't.
 

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