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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6342 February 6, 1986 DRAINS AND DRAINAGE: Disconsolidation of drainage district formed from drainage districts In the absence of express legislative authorization, a consolidated drainage district which was formed out of five drainage districts may not be dissolved as a method of bringing each of the original districts back into its previous separate existence. Chris J. VanOosterum Mason County Prosecuting Attorney Mason County Courthouse Ludington, MI 49431 You have requested my opinion regarding the Drain Code of 1956, MCL 280.1 et seq; MSA 11.1001 et seq, as to the following question: May a consolidated drainage district which was formed out of five drainage districts be dissolved so that the five original districts would each be brought back into its previous separate existence? A drainage district is a body corporate pursuant to MCL 280.5; MSA 11.1005: 'Any drainage district heretofore or hereafter established shall be a body corporate with power to contract, to sue and to be sued, and to hold, manage and dispose of real and personal property, in addition to any other powers conferred upon it by law . . ..' Two or more drainage districts may be consolidated pursuant to the provisions of chapter 19 of the Drain Code of 1956, MCL 280.441 et seq; MSA 11.1441 et seq. After consolidation, a consolidated district is to have the rights of a drainage district under MCL 280.447; MSA 11.1447: 'After any drainage districts have consolidated as provided for in this chapter, the consolidated district shall, except as otherwise provided in this chapter, have all the rights and powers and be subject to all laws applicable to county or intercounty drainage districts, as the case may be . . ..' No provision is found in chapter 19 governing consolidated drainage districts which sets forth any mechanism for disconsolidating the districts which make up the consolidated district. MCL 280.446; MSA 11.1446, however, provides the only method for the abandonment and vacation of drains merged in a consolidated drain where the outstanding indebtedness pertaining thereto has been fully paid: 'Any drain which has been included and merged in a consolidated drain and whose outstanding indebtedness has been fully paid may be abandoned and vacated in the manner provided for the abandonment or vacation of drains. In case any such drain has in its fund any money, after all outstanding indebtedness has been paid, such money shall be transferred, paid over or prorated in the same manner as is provided for abandoned or vacated drains: Provided, That if any person, firm, corporation or township entitled to share in the distribution of such money shall be liable for any special assessment of the consolidated drain, its share of such money, or any part thereof which is necessary to cover such special assessment, shall be returned to the respective county treasurer or treasurers and such treasurer or treasurers shall transfer such money to the fund of the consolidated drain and such person, firm, corporation or township shall be credited therefor against the special assessment of the consolidated drain.' It makes no provision for the continuation of the merged drainage districts as separate entities. In Cain v Brown, 111 Mich 657, 661; 70 NW 337 (1897), it was held that a village, as a municipal corporation, may cease to exist only by legislative consent or pursuant to legislative provision: 'In 1 Dill. Mun. Corp. Sec. 112 (4th Ed. Sec. 168), the rule is laid down that 'Unless otherwise specifically provided by the legislature, the nature and constitution of our municipal corporations, as well as the purposes they are created to subserve, are such that they can only be dissolved by the legislature, or pursuant to legislative enactment. They may become inert or dormant, or their functions may be suspended, for want of officers or of inhabitants; but dissolved, when created by an act of the legislature, and once in existence, they cannot be, by reason of any default or abuse of the powers conferred, either on the part of the officers or inhabitants of the incorporated place. As they can exist only by legislative sanction, so they cannot be dissolved or cease to exist except by legislative consent or pursuant to legislative provision.' 'This, we think, is a correct statement of the law upon the subject . . ..' [Emphasis added.] See also, OAG, 1949-1950, No 908, p 174 (March 29, 1949). Under the reasoning set forth in the Cain case, a consolidated drainage district, as a body corporate established pursuant to statute, may not be dissolved in the absence of legislative provision for dissolution. Accordingly, in answer to your question, it is my opinion that in the absence of express legislative authorization a consolidated drainage district which was formed out of five drainage districts may not be dissolved as a method of bringing each of the five original districts back into its previous separate existence. Frank J. Kelley Attorney General
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