![]() ![]() Therefore, an unincorporated village does not qualify as a municipal corporation under the statute, which means that it is not required to maintain the sidewalk.įurther, in cases where the sidewalk in question was within the limits of a street in an unincorporated village in the township, Michigan courts have concluded that those sidewalks are “under the care and control of the township authorities,” and that “there is liability on the part of the township for its failure to keep those sidewalks in reasonable repair for public travel.” Welton v Crystal Twp, 152 Mich 486, 493 116 NW 390 (1908) Listanski v Canton Charter Twp, 206 Mich App 356, 373 523 NW2d 229 (1994).įinally, MCL 41.288a states that “the township board of a township may order the construction, repair, or maintenance of, or may contract, repair, or maintain sidewalks in a designated area within the township because of the health, safety, or welfare of the residents of the township.” There is no similar grant of statutory authority for unincorporated villages, which suggests that the incorporated township is responsible for the sidewalks within the unincorporated village in the township. A municipal corporation may be a city, village, or township. shall maintain the sidewalk in reasonable repair.” MCL 691.1402a. ![]() On the one hand, the general municipal duties with respect to rights-of-way apply to sidewalks: municipalities are responsible for maintaining sidewalks and repairing defective conditions when they have actual or constructive notice (Millson v. “A municipal corporation in which a sidewalk is installed. The topic of sidewalks can be a source of confusion because it is an area of overlapping responsibility. The township has jurisdiction over sidewalks within township boundaries, regardless of the existence of the unincorporated village. ![]()
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