MCL 426.160 Logs, Timber, Boards, Planks, Spars, Boomsticks, Spiles, Shinglebolts, Railroad Ties, Or Fence Posts; Removal From Island, Bank, Shore, Or Land; Damages; Arbitration; Judgment; Appeal; Bonds; Forfeiture; Sworn Statement; Public Auction; Notice; Certificate; Filing; Affidavit; Lien

• Library: Michigan Statutes
• Edition: 2023
• Currency: Current through Public Act 321 of the 2023 Legislative Session
• Year: 2023
• Citation: MCL 426.160

Whenever any logs, timber, boards, planks, spars, boomsticks, spiles, shinglebolts, railroad ties, or fence posts, in rafts or otherwise shall be drifted or float upon any island in any of the waters or streams in this state, or upon the banks or shores of the waters or lands adjacent to the waters, the owner of the logs, timber, boards, planks, spars, boomsticks, spiles, shinglebolts, railroad ties, or fence posts, or any person or corporation entitled to possession, may at any time within 18 months remove the same upon paying or tendering to the owner or occupant of the bank, shore, or lands, the reasonable damages as may have been caused by the occupancy and removal. If the amount of the damages cannot be agreed upon by the owner or occupant of the bank, shore or land, and the owner, person or corporation entitled to the logs, timber, boards, planks, spars, boomsticks, spiles, shinglebolts, railroad ties, or fence posts, either of them may elect to have the amount of the damages left to arbitration in the manner following: The party or parties so electing, or their authorized agent or attorney, shall serve a written notice by mail or otherwise, upon the other party or parties, reciting the fact that they elect to have the damages left to arbitration, and that they will meet the persons, their agents or attorneys, at the district or municipal court of the judicial district or municipality in which the island, bank, shore, or land, is situated, at a time in the notice mentioned, not less than 6 days nor more than 20 days from the time of the service of the notice, at which time and place the parties or their authorized agents or attorneys shall meet to choose the arbitrators in the manner following: The party giving notice, or his, her, or their authorized agent or attorney shall select 1 person to act as 1 of the arbitrators, and the party so notified, his, her, or their authorized agent or attorney, shall choose another, and these 2 shall select a third. All persons chosen under the provisions of this act, shall be chosen from among those residing in the township, or an adjoining township where the island, bank, shore, or land is situated. If the parties, his, her, or their authorized agents or attorneys cannot agree upon the selection of the persons as arbitrators, then either or any of the parties may certify the fact or facts, to the judge who shall upon the receipt of the certificate proceed at once to make a list of the names of 18 residents of the township and adjoining townships, and the parties shall s...