HomeMy WebLinkAboutResolutions - 1963.03.06 - 200404110 Miscellaneous Resolution March 6, 1963
BY: Mr. Hall
IN RE: ROAD RIGHTS OF WAY
TO THE OAKLAND COUNTY BOARD OF SUPERVISORS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, Act 352 of the Public Acts of 1925, as amended, which is entitled
"An Act to provide for the purchase or condemnation of private property for public highway
purposes." provides: Section 1. "Boards of County Road Commissioners, with approval of
the Board of Supervisors, and the State Highway Commissioner are hereby authorized and
empowered to secure from the owners thereof:
(a) Property for the right of way for any highway to be laid out, altered, or widened,
or for the changing of the line thereof; . . .
(b) Property deemed by the Board or Commissioner to be necessary to give to persons
using a highway a clear view of approaching persons and vehicles, cars, trains and other
instruments of travel, at any intersection of a highway with another highway or with a
railroad track; . . .
(c) Property deemed by the Board or Commissioner to be necessary to change the
channel of any water course, natural or artificial, in order to maintain a proper alignment
of any highway without crossing such water course and the riparian rights of any person,
firm or corporation in or pertaining to any such water course; . .
and
WHEREAS, said Act further provides that whenever the Board of County Road
Commissioners shall be unable to agree with any person interested in any such property for
the purchase thereof, or whenever such person shall be unknown or a nonresident of the
county, or a minor or an insane or incompetent person, the said Board may make a written
determination of necessity for the particular highway construction, or improvement project
for which such property k desired and, in accordance with the provisions of said Act, take
the said property or properties by condemnation proceedings, and
WHEREAS, the Board of County Road Commissioners of the County of Oakland has
heretofore by resolution approved the hereinafter described highway projects which will
necessitate the acquisition of additional rights of way for the laying out, altering, widening,
or changing the line of the said highways;
NOW THEREFORE BE IT RESOLVED that this Board hereby approves, authorizes and
empowers the Board of County Road Commissioners of the County of Oakland to secure from
the owners thereof:
(a) Property for the right of way for the hereinafter described highways to be laid
out, altered, or widened, or for changing the line thereof;
(b) Property deemed by the Board of County Road Commissioners to be necessary to
give to persons using the highway a clear view of approaching persons and vehicles, cars,
trains, and other instruments of travel, at any intersection of a highway with another
highway or with a railroad track;
(c) Property deemed by the Board of County Road Commissioners to be necessary to
change the channel of any water course, natural or artificial, in order to maintain a proper
alignment of any highway without crossing such water course and the riparian rights of any
person, firm or corporation in or pertaining to any such water course.
BE IT FURTHER RESOLVED that whenever the Board of County Road Commissioners
of the County of Oakland shall be unable to agree with any person interested in any such
property for the purchase thereof, or whenever such person shall be unknown or a nonresident
of the county, or a minor or an insane or incompetent person, the said Board may make a
written determination of the necessity of the particular highway construction or improvement
for which such property is desired and in accordance with the provisions of Act 352 of the
Public Acts of 1925, as amended, take the said property or properties by condemnation
proceedings,
BE IT FURTHER RESOLVED that the highway projects for which the acquisition of
rights of way is hereby approved are as follows:
,Don R. MacDonald, Chairman
Robert J, Huber,-,
Jo ñIt.Rèhard -
PR 444 Bogie Lake Road FAB 494 Haggerty Road
CW 454 Livernois FAB 496 Halstead Rood
CWB 478 Eleven Mile Road PRB 498 Maybee Road
CWB 479 Southfield Road FAB 499 Milford
CWB 480 Southfield Road PRB 500 Voorheis
PRB 483 Adams Road SL 502 Avon & Livernois
FAB 485 Baldwin Road TM 503 Nine Mile Road
PRB 486 Big Beaver Road TM 508 Sands Road
PRB 489 Cooley Lake Road CWB 509-510 Greenfield Road
CWB 490 Crooks Road PRB 511 Mt. Clemens Road
PRB 492 Farmington Road PRB 512 South Boulevard
CWB 493 14 Mile & Cranbrook Roads CWB 513 Twelve Mile Road
MR. CHAIRMAN, on behalf of the Roads and Bridges Committee, I move
the adoption of the foregoing resolution.
ROADS AND BRIDGES COMMITTEE
Curtis H. Hall Seeley TinsMan
#4110
Moved by Hall supported by Cheyz the resolution be adopted.
Mr. Huber explained his reason for not signing the resolution.
Moved by James Carey supported by Hursfall the resolution be laid
on the table and copies mailed to all members of this Board.
A sufficient majority not having voted therefor, the motion lost.
Vote on adoption of resolution:
AYES: Alward, Archambault, Beamer, Beecher, Bloc, Calhoun, John Carey,
Charteris, Cheyz, Clarkson, Cooley, Cummings, Dewan, Dickens, Dohany, Wm.Duncan,
Durbin, Edward, Edwards, Ewart, Fouts, Gabler, Goodspeed, Hall, Hamlin, Heacock,
Hoard, Horton, WM. Hudson, Mulct, Hursfall, Jackson, Knowles, Levin, Love
Marshall, McAleer, McCartney, McGovern, Melchert, Menzies, Mercer, Miller,
Mitchell, Moore, OtDonoghue, Oldenburg, Rehard, Remer, Semann, Smith, Solley,
Tiley, Tinsman, Veil, Webber, Yockey. (57)
NAYS: Allerton, James Carey, Clack, J. W. Duncan, Huber, Wallace Hudson,
Kephart, Osgood, Potter, Rhinevault, Slavens. (11)
A sufficient majority having voted therefor, the resolution was
adopted.