[ Previous Page] [ Home Page ]
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. 6570 February 21, 1989 HIGHWAYS AND ROADS: Obligation of township to pay cost of repairs of county roads in township TOWNSHIPS: Payment for repair of county roads in township In the absence of a contract, a township may, but is not required to, pay for the cost of road repairs of county roads within the township. Honorable Gary L. Randall State Representative The Capitol Lansing, MI 48909 You have requested my opinion as to whether a township has a legal obligation to pay for road repairs within the township. The classification of and maintenance responsibilities for roads, streets, and highways are established by state law. MCL 224.18; MSA 9.118, provides, in part: '[A]ny road heretofore laid out, or any part thereof, shall become county roads if the board of county road commissioners shall at any time so determine . . .. [T]he board of county road commissioners shall have sole and exclusive jurisdiction and control of such road so embraced within such determination, and the township or municipality within which the same is situated shall be relieved from all responsibility therefor. . . .' In OAG, 1967-1968, No 4651, p 291, 292 (September 25, 1968), it is stated: 'Since, under this statute, the county road commission has 'sole and exclusive jurisdiction and control of such road,' there can be no other highway authority 'responsible for the maintenance of the highway.' See also 1941-42 O.A.G. p. 188.' Since the township was not responsible for maintenance, OAG, 1967-1968, No 4651, supra, concluded that a township was not required to pay any part of the cost of installing flashing signals at a railroad grade crossing at a county local road under MCL 469.8; MSA 22.768, which requires 'highway authorities' to participate in the installation cost. 1951 PA 51, MCL 247.651 et seq; MSA 9.1097(1) et seq, which provides for the classification of all public roads, streets, and highways in this state and for revisions, additions, and deletions, also authorizes contributions by townships for county roads. A township is permitted, but not required, to appropriate or raise funds for maintenance or improvement of county roads within the township under 1951 PA 51, Sec. 20, MCL 247.670; MSA 9.1097(20), which provides, in part: 'Notwithstanding any other provisions of this act the township board of any township may appropriate any unexpended balances in the contingent or general fund of the township without submitting the question to the electors of said township, or raise money by the issuance of bonds of the township in the same manner and to the same extent as provided in sections 8 to 18 of chapter 14 of Act No. 283 of the Public Acts of 1909, being sections 234.8 to 234.18, inclusive, of the Compiled Laws of 1948, and to pay any sum so appropriated or raised into the county road fund of the county for the maintenance and/or improvement of county roads within the townships, or for the widening of state trunk line highways beyond the width required for state trunk line traffic in unincorporated areas of such township, pursuant to an agreement between the township and the county road commission. . . .' (Emphasis added.) Certain townships levying not less than one mill of property tax for improvement or maintenance of county roads in the township are permitted to enter into written contracts for one year for maintenance of all or any part of the county local road system within the township. 1951 PA 51, Sec. 20a, MCL 247.670a; MSA 9.1097(20a), provides, in part: 'A board of county road commissioners in a county having a population of not less than 500,000 and the township board of a township having a population of not less than 40,000, as determined by the most recent statewide federal census, and which in the prior year and the contract year will have levied a property tax of not less than 1 mill on each dollar of assessed valuation of the township for the improvement or maintenance of county roads within the township, may exercise the provisions of this section only by entering into a written contract of not more than 1 year providing for the maintenance by the township of all or any part of the county local road system within that township . . ..' It is my opinion, therefore, that in the absence of a contract, a township may, but is not required to, pay for the cost of road repairs of county roads within the township. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]