What is the name of your state (only U.S. law)? Michigan.
my question is in regards to if this village was incorporated legally by state law.
the village was incorporated in 1883 it is located in two counties. we requested the boundary information and records of incorporation from the state. All the records are from one county. THE GENERAL LAW VILLAGE ACT Act 3 of 1895 repealed all prior laws concerning incorporation and all villages that where incorporated prior where unincorporated then reincorporated under this act. in this act it states --->
74.6 Changing boundaries; order, copy to secretary of state, evidence.
Sec. 6.
Whenever the council of any village shall determine by resolution to alter the boundaries of such village, either by taking in lands and premises adjoining thereto or by taking out any lands and premises included in such village, or both, they shall petition the board of supervisors of the county in which such lands and premises affected thereby are situated to make such change. Such petition shall contain a description by metes and bounds of the lands and premises proposed to be added to or taken out of such village, and shall set forth the reasons for the proposed change, and shall contain a copy of the resolution of the council in relation thereto, and shall be signed by the president and clerk of such village. Before such petition shall be presented to the board of supervisors notice shall be given by the clerk of the time and place when the same will be presented for consideration, by publishing the same in a newspaper published in such village for at least 3 weeks immediately preceding the presentation of the same, and if no newspaper is published in such village, then by posting the same in at least 3 of the most public places within the village, and in at least 3 of the most public places of the territory directly affected thereby. Such notice shall also contain a description of the premises proposed to be taken in or out of the boundaries of such village. At the time of presenting such petition all parties interested may appear before such board of supervisors and be heard touching the proposed boundaries of such village, and after such hearing and due consideration of such petition, it shall be the duty of the board of supervisors to order and determine as to whether the prayer contained in the petition or any part thereof shall be granted, and they shall make an order of such determination, which order shall be entered upon their records, and thereupon the boundaries of such village shall be fixed and shall exist as provided in such order, and a certified copy thereof shall be transmitted to the clerk of such village and to the secretary of state, and such order shall be prima facie evidence of such change of boundaries of such village and of the regularity of such proceedings in all courts and places.
the only approval for the village incorporation and boundaries was from the
one county it appears that the supervisors from the other county were never petitioned for the village to be incorporated. what are your thoughts on this. the way the village sits the citizens on the county side that was never petitioned are in a sort of limbo (can not vote in certain elections or receive substandard services or no services at all.) who would you bring this
in front of would it really need to be taken to court or would the State Boundaries Commission be able to make the decision?
my question is in regards to if this village was incorporated legally by state law.
the village was incorporated in 1883 it is located in two counties. we requested the boundary information and records of incorporation from the state. All the records are from one county. THE GENERAL LAW VILLAGE ACT Act 3 of 1895 repealed all prior laws concerning incorporation and all villages that where incorporated prior where unincorporated then reincorporated under this act. in this act it states --->
74.6 Changing boundaries; order, copy to secretary of state, evidence.
Sec. 6.
Whenever the council of any village shall determine by resolution to alter the boundaries of such village, either by taking in lands and premises adjoining thereto or by taking out any lands and premises included in such village, or both, they shall petition the board of supervisors of the county in which such lands and premises affected thereby are situated to make such change. Such petition shall contain a description by metes and bounds of the lands and premises proposed to be added to or taken out of such village, and shall set forth the reasons for the proposed change, and shall contain a copy of the resolution of the council in relation thereto, and shall be signed by the president and clerk of such village. Before such petition shall be presented to the board of supervisors notice shall be given by the clerk of the time and place when the same will be presented for consideration, by publishing the same in a newspaper published in such village for at least 3 weeks immediately preceding the presentation of the same, and if no newspaper is published in such village, then by posting the same in at least 3 of the most public places within the village, and in at least 3 of the most public places of the territory directly affected thereby. Such notice shall also contain a description of the premises proposed to be taken in or out of the boundaries of such village. At the time of presenting such petition all parties interested may appear before such board of supervisors and be heard touching the proposed boundaries of such village, and after such hearing and due consideration of such petition, it shall be the duty of the board of supervisors to order and determine as to whether the prayer contained in the petition or any part thereof shall be granted, and they shall make an order of such determination, which order shall be entered upon their records, and thereupon the boundaries of such village shall be fixed and shall exist as provided in such order, and a certified copy thereof shall be transmitted to the clerk of such village and to the secretary of state, and such order shall be prima facie evidence of such change of boundaries of such village and of the regularity of such proceedings in all courts and places.
the only approval for the village incorporation and boundaries was from the
one county it appears that the supervisors from the other county were never petitioned for the village to be incorporated. what are your thoughts on this. the way the village sits the citizens on the county side that was never petitioned are in a sort of limbo (can not vote in certain elections or receive substandard services or no services at all.) who would you bring this
in front of would it really need to be taken to court or would the State Boundaries Commission be able to make the decision?