If you experience basement flooding due to a backup of a public sewage disposal or storm water system, you may be allowed to seek compensation for personal injury or property damage suffered as a result of the backup. Public Act 222 of 2001 amends Act 170 of 1964 regarding governmental immunity. Act 222 requires that if you are seeking such compensation, you must show that the sewage disposal or storm water system had a defect; that an appropriate government agency knew, or reasonably should have known about the defect; that the defect was not remedied by the government agency in a reasonable time that the property damage or personal injury resulted because of the defect; and that you own and have related the value of the damaged personal property.
You are also required to comply with the notice requirements of the Act. Any claim you make must be made in writing within 45 days after the date the damage or physical injury was discovered. The written notice must contain your name, address, telephone number, the address of the affected property, the date of discovery of any property damages or physical injury, and a brief description of the claim. Claimant forms are available from the office of the Midland County Drain Commissioner, 220 W Ellsworth St. Midland, MI 48640.