Michigan Votes Forum

Introduced in the House on April 24, 2007, to prohibit a person from "obstructing, permitting an obstruction, or otherwise interfering with or encroaching upon a drain or a drain right-of-way." Under current law, criminal penalties apply just to obstructing a drain. The bill would also require a drain commissioner to consider any environmental impact before commencing any work to remove a drain obstruction

The vote was 73 in favor, 31 opposed and 6 not voting

(House Roll Call 287 at House Journal 75)

Click here to view bill details.

It used to be that you couldn't obstruct a drain, that is plug it up in some way that changed the cross-sectional capacity of the drain. Now this bill says you can't "interfere" with the drain easement. Nor can you encroach on it. "Interfere" is defined as anything that costs the drain commissioner more money. Asking for information--that costs office time. Filing a FOIA--that costs more money. Opposing a takings of land--that costs more money. And the cost "shall be spread on the land of the offending party." Then there's encroachment--completely undefined, but you're not supposed to do it anyway. This bill gives drain commissioners carte blanche to fine any opposition to expensive drain taxes.