Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Does our township have to proceed with a special assessment project under Act 188 if we receive a property owner petition for the project?

No. The common township special assessment statute, Act 188 of 1954 (“Act 188”), allows property owners to submit petitions to a township for the purposes of proceeding with a project (e.g., road paving, sidewalks, and streetlights, among many others). See MCL 41.723(4).

Unlike other statutes that mandate action upon receipt of a petition (e.g., the Michigan Zoning Enabling Act requiring referendum elections on zoning ordinances or amendments), Act 188 does not require a township to proceed with the assessment process for a project if it does not want to. See MCL 41.724(1).

Author

Recent Articles & Announcements

  1. Can our township adopt an ordina...

    Yes. The new Section 108(6) of the Land Division Act expressly permits local ordinances to exceed the state baseline; there is no numerical ...

    Read More
  2. Land Divisions, Development, and...

    The Problem Is Already Here On December 23, 2025, Governor Whitmer signed Senate Bill 23 into law as Public Act 58 of 2025, amending Michiga...

    Read More
  3. Virginia Bans Post-Term Non-Comp...

    Earlier this month, the State of Virginia amended the Virginia Retail Franchising Act in two ways: (1) Virginia law governs all Virginia fra...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.