Abandonment General Procedures

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General Procedures for County Road Abandonment

  1. Receive Petition on authorized form (M.C.R.C. Form R.A.-1), with $150.00 Petition Fee. Additional costs may be charged if actual costs exceed $150.00 (additional costs may result from title information, publishing costs, or field survey expenses).
  2. Road Commission staff, within twenty (20) days of receipt of the Petition, establishes a date for the public hearing.
  3. Send M.C.R.C. Form R.A.-2 to Township Supervisor.
  4. Order a title search of affected record property owners.
  5. Road Commission "Engineer" makes inspection of the road and environs and completes M.C.R.C. Form R.A.-5. Field survey completed if necessary.
  6. Mail certified "Notice of Hearing" (M.C.R.C. Form R.A.-3) to all adjacent landowners of record and occupants. Notice must be mailed to owners and occupants thirty (30) days prior to the hearing date, unless they have signed the Petition. Title search information, the inspection report, and identified occupants plus listed tax roll owners should be cross-checked to develop a complete mailing list.
  7. If the county road petitioned for abandonment terminates at a public body of water (any lake or a navigable stream), mail via certified mail a "Notice of Public Hearing" (M.C.R.C. Form R.A.-6) to the Township, the Department of Natural Resources, and the Michigan Department of Transportation.
  8. If the name of an owner cannot be found in the public records, or an occupant cannot be found (i.e., certified mail was returned unsigned), a Notice of Public Hearing must be posted in three (3) public places in the Township where the land is located (where it is likely to be seen and capable of being read), AND a Notice of Public Hearing must be published in a newspaper of general circulation, thirty (30) days prior to the hearing.
  9. The person serving notices by mail, posting, or publication shall complete an Affidavit of Service for each landowner (Form No. MCRC R.A.-4).
  10. Hold the public hearing.
  11. Pass a resolution to either:
    1. Deny the request to abandon the road (Form No. M.C.R.C. R.A.-8); or
    2. Absolutely abandon and discontinue the public road (Form No. M.C.R.C. R.A.-7).
  12. Record a copy of the Resolution with the Register of Deeds.
  13. Serve a copy of the Resolution on the Township Clerk via mail.
  14. Publish the resolution of abandonment once each week for three (3) successive weeks in a newspaper circulated within the county.
  15. Prepare and file the affidavit of service and publication in commission records.
  16. If a Resolution to Abandon is adopted (Form No. M.C.R.C. R.A.-7), send to the Michigan Department of Transportation a copy of the following documents, along with a cover letter and — if applicable — a survey of the centerline, road, or utility easement, within thirty (30) days of adoption of the Resolution to Abandon:
    1. Form No. R.A.-3;
    2. Form No. R.A.-4;
    3. Form No. R.A.-5;
    4. Copy of Publication (if applicable);
    5. Form No. R.A.-6;
    6. Form No. R.A.-7.