Road Law Resources

• Intergovernmental agreements; service by public officers and employees.  Article III, Section 5


• Highways, bridges, culverts, airports; road tax limitation.  Article VII, Section 16


• Governmental functions and powers; joint administration, costs and credits, transfers.  Article VII, Section 28


• Highways, streets, alleys, public places; control, use by public utilities.  Article VII, Section 29


• Use of specific taxes on fuels for transportation purposes; authorization of indebtedness and issuance of obligations.  Article IX, Section 9

County Road Commissions

• Composition/Authority of Road Commissions
Board of county road commissioners; election or appointment; notice of election; date; term of office; removal from office; notice of charges; county with population of 1,500,000 or more; powers and duties; reorganization; expenditure of funds; alteration of number of county road commissions. MCL 224.6

• Status as a public body MCL 224.9
• Authority to employ and purchase MCL 224.10
• General road commission duties and powers MCL 224.19

County Road Commissioners

• Road Commissioner Compensation/Benefits MCL 224.8
• "County road commissioners may participate in insurance and retirement plans established by the road commission for its employees provided that such participation is pursuant to a compensation plan established by the county board of commissioners and, further, provided that the county board of commissioners appropriates the necessary funds for such benefits." ( Attorney General Opinion 6659, August 1990)
• "County Road Commission is not responsible to board of county supervisors, nor has board any authority or control over commission, except as to appointment, removal, and audit of accounts as provided by statute."(Attorney General Opinion 2945, May 1957)
  
• "In the event that a county board of commissioners changes the method of selection of county road commissions from appointment to election as authorized by law, each county road commissioner in such county may continue to serve for the balance of his or her unexpired term." ( Attorney General Opinion 6322, November 1985)
• "The chairperson of a county board has no authority to determine or change the compensation to be paid county road commissioners." ( Attorney General Opinion 6265, December 1984)

County Road Commission Jurisdiction

• Authority to construct or improve roads MCL 224.11
• Duty to repair roads MCL 224.21 See also Governmental Immunity Statute
• Abandonment/discontinuance of roads MCL 224.18
• Transfer of Jurisdiction Over Highways MCL 247.851 - .861

Right-of-Way Encroachments/Obstructions

• Highway by User MCL 221.20
• Obstructions MCL 230.4
• Obstructions & Encroachments MCL 247.171 - .191
• The grantor of the easement may display a 'For Sale' sign within the right-of-way on the property that is for sale as long as the sign does not obstruct the right-of-way so as to either interfere with the highway purposes easement granted to the State or cause safety problems for the traveling public. ( AG Opinion 5746, July 1980)
• Trees and Shrubs MCL 247.241 - .242
• Bus Passenger Shelters MCL 247.331 - .336

Road Closures/Connections

• Temporary Highways MCL 247.221
• Closing Roads Under Reconstruction/Repair MCL 247.291 - .293
• Driveway Permits MCL 247.321

Federal Aid System

• Federal Aid Information
• National Functional Classification

Private Roads

• Emergency Assistance - "A county road commission is authorized to use its resources to provide emergency assistance to township ambulance personnel on private roads." ( Attorney General Opinion 6975, March 1998)

Special Road Designations

• Natural Beauty RoadsMCL 324.35701- 324.35706
• Seasonal Roads MCL 247.655a
• Michigan Memorial Highways Act 142 of 2001
• Heritage Routes Act 69 of 1993

Uniform Condemnation Act Act 87 of 1980

Freedom of Information Act Act 442 of 1976

• Calculating fees under the Freedom of Information Act ( AG Opinion 7083, June 2001)

Open Meetings Act Act 267 of 1976

Intergovernmental Cooperation Public Act 35 of 1951

• DefinitionsMCL 124.531
• Definitions MCL 124.1
• A county road commission has the authority to enter into an agreement with an Indian Tribe under the Urban Cooperation Act of 1967 to maintain roads. A county road commission also has the authority to enter into an agreement with an Indian Tribe under 1951 PA 35 to maintain roads that are outside the geographical boundaries of its county. ( AG Opinion 7134, May 2003)
• A board of county road commissioners may contract with the board of county commissioners for the county fair board or with the board of education of a school district for the purpose of maintaining and improving roads, parking lots, driveways and sidewalks of such governmental body. ( AG Opinion 5524, July 1979)

Incompatibility of Office

• An employee of a county board of public works or a county board of road commissioners who is elected to the office of member of the county board of commissioners of the same county must resign from his or her employment or obtain a leave of absence from the respective board for the term for which the employee was elected. ( AG Opinion 5863, March 1981)

Sales of surplus lands purchased with funds restricted to transporation purposes

• "Surplus lands purchased with funds restricted to transporation purposes only by Const. 1963, art. 9, Sec. 9, may not be conveyed to another governmental entity for less than fair market value, and the proceeds from the sale of such lands must be utilized for transportation purposes in accordance with Const. 1963, art. 9, Sec 9."( AG Opinion 6608, January 1990)

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