RoadKeeper

Michigan's township special-assessment route

In this state

When a Michigan private road needs work its owners cannot organize themselves, half the frontage owners can petition the township, which may run the maintenance as a special assessment district collected on the tax roll, lien and all.

Shared-way statuteMCL 247.391–247.396 with MCL 41.721–41.737
How owners are assessedDistrict costs spread pro rata by frontage or equally among the benefited owners, as the township sets the district up (MCL 247.392).
If someone won't payConfirmed assessments go on the township tax roll; an unpaid installment carries interest and the assessment constitutes a lien on the parcel (MCL 41.727, 41.728), collected by the township treasurer (MCL 41.729).

Questions about the township route

Who signs the petition?

Fifty-one percent of the property owners owning the frontage along the private road (MCL 247.391).

Can the township refuse?

Yes. The board may contract for the work; the petition raises the question without compelling the answer.

How is the cost divided?

Pro rata by frontage or equally among the benefited owners in the district (MCL 247.392).

What hearings do we get?

Notice and hearing when the district and cost are set (MCL 41.724, 41.724a) and again when the assessment roll is reviewed and confirmed (MCL 41.726).

Can we object to our assessment?

At the roll-review hearing, on the record; after confirmation the roll becomes final except by the action MCL 41.726 allows.

Can assessments be paid over time?

Installments with interest are provided for (MCL 41.727); ask the township how the district's schedule was set.

What happens to a non-payer under this route?

The assessment constitutes a lien on the parcel and rides the tax machinery (MCL 41.728), which is precisely why holdouts rarely stay holdouts in a district.

Who actually does the road work?

Whoever the township contracts, and the board may contract with the county road commissioners (MCL 247.396).

Does the district replace our association?

No. The district collects for the work it covers and nothing else; the association still holds the fund, the records, and everything between assessments.

This page is general information for road association volunteers, not legal advice. Laws change and every road's documents differ — for decisions about your association, consult a licensed attorney in your state.

Reviewed against primary sources; see citations on each page.