The Allegan County Drain Commission schedules a day for review of apportionment to determine the cost to each land owner for a Drain Special Assessment District. Thereafter, if an individual believes that his or her assessment is unfair, he or she may appeal the drain assessment within 10 days after his or her review hearing (including weekends). MCL § 280.155.
To appeal a drain assessment, an applicant must file the following with the Probate Court:
- Filing fee, which is non-refundable (refer to Fee Schedule on this page)
- Notice of Appeal and Application
- Bond on Appeal
The appellant must also secure a surety bond in the amount of $2,000.00, as required by MCL § 280.158. This bond is refundable if the applicant prevails on his or her appeal. However, if the appeal is unsuccessful (i.e. the Board of Review sustains the apportionment), the applicant will be responsible for paying the costs and expenses of the appeal, including the costs incurred by the Commissioner. The applicant’s bond will be applied toward these costs, but he or she may be responsible for additional costs if they exceed the amount of the bond posted. A hearing before the Board of Review will be scheduled between ten and fifteen days from the date the applicant files his or her appeal.
Below are the forms required for filing a drain appeal.