Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 239-H.F.No. 1078
An act relating to natural resources; amending
drainage law definitions; prescribing payment of
attorney fees on certain drainage issues appealed by
the commissioner; prescribing general provisions for
petitions; amending petition requirements; allowing
drainage proceedings to be delayed; prescribing
conditions for assessments against property within a
municipality; prescribing extent of benefits and
damages; requiring a benefits and damages statement
and a property owner's report; providing drainage
liens to be recorded against tracts of property;
changing rates of interest to be paid during drainage
proceedings; amending definition of repair;
authorizing conditions for repair if design elevation
is different than original construction elevation;
providing easement for drainage authority to inspect
drainage system; requiring permanent grass strips;
apportioning repair costs; renumbering sections;
providing penalties; amending Minnesota Statutes 1986,
sections 105.40, subdivision 11; 106A.005,
subdivisions 2, 3, 4, 9, 10, 11, 12, 13, 14, 19, and
by adding subdivisions; 106A.011, subdivisions 3 and
4; 106A.015; 106A.021, by adding subdivisions;
106A.031; 106A.051; 106A.055; 106A.081, subdivisions 2
and 3; 106A.091, subdivision 4; 106A.095, subdivisions
1, 3, and 4; 106A.101, subdivisions 2 and 4; 106A.215,
subdivisions 4 and 5; 106A.221; 106A.225; 106A.231;
106A.235, subdivisions 1 and 2; 106A.241, subdivisions
1, 2, and 5; 106A.245; 106A.251; 106A.261,
subdivisions 1, 3, 4, 5, 6, and 7; 106A.265,
subdivision 1; 106A.271, subdivision 1; 106A.275;
106A.281; 106A.285, subdivisions 2, 4, 5, 6, 9, and
10; 106A.295; 106A.301; 106A.305, subdivision 1;
106A.311; 106A.315, subdivisions 1, 2, 5, 6, and by
adding subdivisions; 106A.321, subdivision 1, and by
adding a subdivision; 106A.325, subdivisions 2 and 3;
106A.335, subdivisions 1 and 3; 106A.341; 106A.345;
106A.351; 106A.401, subdivisions 2 and 6, and by
adding subdivisions; 106A.405; 106A.411, subdivisions
3 and 4; 106A.501, subdivisions 4, 6, and 7; 106A.505,
subdivisions 1, 2, 3, 7, and 8; 106A.511, subdivisions
1, 2, 3, and 5; 106A.515; 106A.525, subdivisions 2, 3,
and 4; 106A.541; 106A.555, subdivision 2; 106A.601;
106A.605; 106A.611, subdivisions 2, 3, 6, and 7;
106A.615, subdivisions 4 and 7; 106A.635, subdivisions
1 and 10; 106A.645, subdivision 7; 106A.651,
subdivision 1; 106A.655, subdivision 1; 106A.701,
subdivision 1, and by adding a subdivision; 106A.705;
106A.715, subdivision 6; 106A.731, subdivision 1;
106A.741, subdivision 5; 106A.811, subdivisions 2, 4,
and 5; 112.431, subdivision 2; 112.48, subdivision 1;
112.59; 112.60, subdivision 1; and 112.65, subdivision
1; proposing coding for new law in Minnesota Statutes,
chapter 106A; repealing Minnesota Statutes 1986,
sections 106A.005, subdivision 25; 106A.201; 106A.205;
106A.211; and 111.01 to 111.421.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1986, section 105.40,
subdivision 11, is amended to read:
Subd. 11. [RULES TO STANDARDIZE FORMS.] The director is
authorized to formulate may adopt permanent rules so as to
standardize the forms and sizes of maps, plats, drawings and
specifications in public drainage proceedings and
proceedings and undertakings pertaining relating to public
waters of the state. The director must require the permanent
grass strips acquired under section 106A.021 to be shown on the
maps and maintain an inventory of all permanent grass strips
acquired by drainage authorities.
Sec. 2. Minnesota Statutes 1986, section 106A.005,
subdivision 2, is amended to read:
Subd. 2. [AFFECTED.] "Affected" means benefited or damaged
by a drainage system or project.
Sec. 3. Minnesota Statutes 1986, section 106A.005,
subdivision 3, is amended to read:
Subd. 3. [AUDITOR.] "Auditor" means the auditor of the
county where the petition for a drainage system project was
properly filed.
Sec. 4. Minnesota Statutes 1986, section 106A.005,
subdivision 4, is amended to read:
Subd. 4. [BOARD.] "Board" means the board of commissioners
of the county where the drainage system or project is located.
Sec. 5. Minnesota Statutes 1986, section 106A.005,
subdivision 9, is amended to read:
Subd. 9. [DRAINAGE AUTHORITY.] "Drainage authority" means
the board or joint county drainage authority having jurisdiction
over a drainage system or project.
Sec. 6. Minnesota Statutes 1986, section 106A.005,
subdivision 10, is amended to read:
Subd. 10. [DRAINAGE LIEN.] "Drainage lien" means a
recorded lien against recorded on property for the costs of
drainage proceedings and construction costs and interest on the
lien, as provided under this chapter.
Sec. 7. Minnesota Statutes 1986, section 106A.005, is
amended by adding a subdivision to read:
Subd. 10a. [DRAINAGE PROJECT.] "Drainage project" means a
new drainage system, an improvement of a drainage system, an
improvement of an outlet, or a lateral.
Sec. 8. Minnesota Statutes 1986, section 106A.005,
subdivision 11, is amended to read:
Subd. 11. [DRAINAGE SYSTEM.] "Drainage system" means a
ditch and tile system of ditch or tile, or both, to drain
property, including laterals, improvements, and improvements of
outlets, that is proposed to, established by, or and constructed
by a drainage authority. "Drainage system" includes the
improvement of a natural waterway used in the construction of a
drainage system, and any part of a flood control plan proposed
by the United States or its agencies in the drainage system.
Sec. 9. Minnesota Statutes 1986, section 106A.005,
subdivision 12, is amended to read:
Subd. 12. [ENGINEER.] "Engineer" means the county highway
engineer of a county where affected property is located or a
professional engineer registered under state law for a drainage
project appointed by the drainage authority under section
106A.241, subdivision 1.
Sec. 10. Minnesota Statutes 1986, section 106A.005,
subdivision 13, is amended to read:
Subd. 13. [ESTABLISHED.] "Established" means the drainage
authority has made the final order to construct the drainage
system project.
Sec. 11. Minnesota Statutes 1986, section 106A.005,
subdivision 14, is amended to read:
Subd. 14. [LATERAL.] "Lateral" means any drainage
construction by branch or extension, or a system of branches and
extensions, or a drain that connects or provides an outlet to
property with an established drainage system.
Sec. 12. Minnesota Statutes 1986, section 106A.005, is
amended by adding a subdivision to read:
Subd. 16a. [OWNER.] "Owner" means an owner of property or
a buyer of property under a contract for deed.
Sec. 13. Minnesota Statutes 1986, section 106A.005, is
amended by adding a subdivision to read:
Subd. 16b. [PASSES OVER.] "Passes over" means in reference
to property that has a drainage project or system, the 40-acre
tracts or government lots and property that is bordered by,
touched by, or underneath the path of the proposed drainage
project.
Sec. 14. Minnesota Statutes 1986, section 106A.005,
subdivision 19, is amended to read:
Subd. 19. [PROCEEDING.] "Proceeding" means a procedure
under this chapter for or related to drainage that begins with
filing a petition and ends by dismissal or establishment of a
drainage system project.
Sec. 15. Minnesota Statutes 1986, section 106A.011,
subdivision 3, is amended to read:
Subd. 3. [PERMISSION OF COMMISSIONER FOR WORK IN PUBLIC
WATERS; APPLICATION.] (a) The drainage authority must receive
permission from the commissioner to:
(1) remove, construct, or alter a dam affecting public
waters;
(2) establish, raise, or lower the level of public waters;
or
(3) drain any portion of a public water.
(b) The petitioners for a proposed drainage system project
or the drainage authority may apply to the commissioner for
permission to do work in public waters or for the determination
of public waters status of a water body or watercourse.
Sec. 16. Minnesota Statutes 1986, section 106A.011,
subdivision 4, is amended to read:
Subd. 4. [FLOOD CONTROL.] The drainage authority may
construct necessary dams, structures, and improvements and
maintain them to impound and release flood water to prevent
damage. The dams, structures, and improvements may be
constructed with or without a drainage system project. For a
water body or watercourse that is not public waters the drainage
authority may:
(1) lower, or establish the height of water in the water
body or watercourse to control flood waters;
(2) build structures and improvements to maintain a water
body or watercourse for flood control or other public purposes;
and
(3) construct dikes or dams in a water body to maintain
water at the height designated by the drainage authority and to
drain part of the water body.
Sec. 17. Minnesota Statutes 1986, section 106A.015, is
amended to read:
106A.015 [CONSIDERATIONS BEFORE DRAINAGE WORK IS DONE.]
Subdivision 1. [ENVIRONMENTAL AND LAND USE CRITERIA.]
Before establishing a drainage system project the drainage
authority must consider:
(1) private and public benefits and costs of the proposed
drainage system project;
(2) the present and anticipated agricultural land acreage
availability and use in the drainage project or system;
(3) the present and anticipated land use within the
drainage project or system;
(4) flooding characteristics of property in the
drainage project or system and downstream for 5, 10, 25, and
50-year flood events;
(5) the waters to be drained and alternative measures to
conserve, allocate, and develop use the waters including storage
and retention of drainage waters;
(6) the effect on water quality of constructing the
proposed drainage system project;
(7) fish and wildlife resources affected by the proposed
drainage system project;
(8) shallow groundwater availability, distribution, and use
in the drainage project or system; and
(9) the overall environmental impact of all the above
criteria.
Subd. 2. [DETERMINING PUBLIC UTILITY, BENEFIT, OR
WELFARE.] In any proceeding to establish a drainage system
project, or in the construction of or other work affecting a
public drainage system under any law, the drainage authority or
other authority having jurisdiction of the proceeding must give
proper consideration to conservation of soil, water, forests,
wild animals, and related natural resources, and to other public
interests affected, together with other material matters as
provided by law in determining whether the project will be of
public utility, benefit, or welfare.
Sec. 18. Minnesota Statutes 1986, section 106A.021, is
amended by adding a subdivision to read:
Subd. 4. [COMPLIANCE WORK BY DRAINAGE AUTHORITY.] If a
property owner does not bring an area into compliance with this
section as provided in the compliance notice, the inspection
committee or drainage inspector must notify the drainage
authority. If a property owner does not bring an area into
compliance after being notified under section 106A.705,
subdivision 1a, the drainage authority must issue an order to
have the work performed to bring the property into compliance.
After the work is completed, the drainage authority must send a
statement of the expenses incurred to bring the property into
compliance to the auditor of the county where the property is
located and to the property owner.
Sec. 19. Minnesota Statutes 1986, section 106A.021, is
amended by adding a subdivision to read:
Subd. 5. [COLLECTION OF COMPLIANCE EXPENSES.] (a) The
amount of the expenses to bring an area into compliance with
this section is a lien in favor of the drainage authority
against the property where the expenses were incurred. The
auditor must certify the expenses and enter the amount in the
same manner as other drainage liens on the tax list for the
following year. The amount must be collected in the same manner
as real estate taxes for the property. The provisions of law
relating to the collection of real estate taxes shall be used to
enforce payment of amounts due under this section. The auditor
must include a notice of collection of compliance expenses with
the tax statement.
(b) The amounts collected under this subdivision must be
deposited in the drainage system account.
Sec. 20. Minnesota Statutes 1986, section 106A.031, is
amended to read:
106A.031 [CONNECTION WITH DRAINS IN ADJOINING STATES.]
Subdivision 1. [PROCEDURE.] If it is necessary to
construct a drainage system project at or near the boundary
between this state and another state or country and the work
cannot be done in a proper manner without extending the drainage
system project into the adjoining state or country, the drainage
authority may join with the board or tribunal of the adjoining
state or country having jurisdiction to plan and construct
public drainage systems. The drainage authority in this state
may enter into contracts or arrangements with the board or
tribunal of the adjoining state or country to construct the
drainage system project. The proceeding and construction
related to property in this state and, as applicable, the
drainage authority in relation to the joint drainage work, are
governed by this chapter.
Subd. 2. [PAYMENT OF COSTS.] The adjoining county or
district in another state or country must pay its proper share
of the necessary costs of the construction of any drainage work
including damages. If the benefits to property in the adjoining
state or country are not sufficient to pay all the costs of
construction of the drainage system project in that state or
country, including damages, the drainage authority may authorize
or direct the affected counties to contribute sufficient funds
to complete the construction of the drainage system project in
the adjoining state or country, if the construction will be of
sufficient benefit to the affected property in this state to
warrant the contribution.
Sec. 21. [106A.043] [INFORMAL MEETINGS.]
A drainage authority may hold informal meetings in addition
to the meetings and hearings required in this chapter to inform
persons affected by the drainage system about the drainage
proceedings and provide a forum for informal discussions.
Sec. 22. Minnesota Statutes 1986, section 106A.051, is
amended to read:
106A.051 [DEFECTIVE PROCEEDINGS.]
(a) A party may not take advantage of an error in a
drainage proceeding or an informality, error, or defect
appearing in the record of the proceeding or construction,
unless the party complaining is directly affected. The
modification of the benefits or damages to any property, or the
enjoining of collection of any assessment, does not affect any
other property or the collection of any assessment on other
property.
(b) If a drainage system project has been established and a
contract awarded in good faith, without collusion, and at a
reasonable price:
(1) a defect or lack of notice in awarding, making, or
executing the contract does not affect the enforcement of an
assessment; and
(2) if the contract is performed in good faith in whole or
in part, a defect does not invalidate the contract.
Sec. 23. Minnesota Statutes 1986, section 106A.055, is
amended to read:
106A.055 [REIMBURSEMENT OF COST OF FORMER SURVEYS WHEN USED
LATER.]
If after a proceeding has begun a survey has been made and
a proceeding to establish a drainage system project has been
dismissed or the drainage system project has not been
established, and all or a part of the former survey is used by
the engineer for a drainage proceeding in the same area, the
amount saved in the subsequent proceedings must be paid to the
proper parties according to this section. If the parties who
paid the expense of the former survey make a petition, the
drainage authority shall:
(1) determine the amount of benefit that was derived by the
subsequent proceedings from the former survey;
(2) order the amount of the benefit to be paid to the
proper parties; and
(3) charge the amount paid as a cost of the subsequent
drainage proceeding.
Sec. 24. Minnesota Statutes 1986, section 106A.081,
subdivision 2, is amended to read:
Subd. 2. [OBSTRUCTION OR DAMAGE OF A DRAINAGE SYSTEM.] A
person may not willfully obstruct or damage a drainage project
or system.
Sec. 25. Minnesota Statutes 1986, section 106A.081,
subdivision 3, is amended to read:
Subd. 3. [ALTERING ENGINEER'S MARKING OF STAKES.] A person
may not willfully change the location or alter markings of
stakes set by the engineer in a drainage project or system.
Sec. 26. Minnesota Statutes 1986, section 106A.091,
subdivision 4, is amended to read:
Subd. 4. [APPEAL TRIAL.] (a) The issues in the appeal are
entitled to a trial by a jury at the next term of in the
district court after the appeal is filed that is held within of
the county where the drainage proceeding was pending.
(b) If At the request of the appellant requests it, the
trial must be held at the next term of the district court of the
county where the affected property is located. The court
administrator of the district court where the appeal is first
filed shall make, certify, and file with the court administrator
of the district court of the county where the trial is
transferred, a transcript of the papers and documents on file in
the court administrator's office in the proceedings related to
the matters of the appeal. After the final determination of the
appeal, the court administrator of the district court that tried
the appeal shall certify and return the verdict to the district
court of the county where the drainage proceedings were filed.
(c) The appeal shall take precedence over all other civil
court matters. If there is more than one appeal to be tried in
one county, the court may, on its own motion or the motion of an
interested party, consolidate two or more appeals and try them
together, but the rights of the appellants must be determined
separately. If the appellant does not prevail, the cost of the
trial must be paid by the appellant.
(d) The court administrator of the district court where the
appeal is filed shall file a certified copy of the final
determination of the appeal with the auditor of the affected
counties.
Sec. 27. Minnesota Statutes 1986, section 106A.095,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF APPEAL.] A party may appeal an
order made by the board that dismisses drainage proceedings or
establishes or refuses to establish a drainage system project to
the district court of the county where the drainage proceedings
are pending. The appellant must serve notice of the appeal to
the auditor within 30 days after the order is filed. After
notice of the appeal is served, the appeal may be brought to
trial by the appellant or the drainage authority after notifying
the other party at least ten days before the trial date.
Sec. 28. Minnesota Statutes 1986, section 106A.095,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF BENEFITS AND DAMAGES AFTER
COURT ORDER.] If the order establishing a drainage system
project is appealed, the trial of appeals related to benefits or
damages in the drainage proceeding must be stayed until the
establishment appeal is determined. If the order establishing
the drainage system project is affirmed, appeals related to
benefits and damages must then be tried.
Sec. 29. Minnesota Statutes 1986, section 106A.095,
subdivision 4, is amended to read:
Subd. 4. [PROCEDURE IF APPEAL ORDER ESTABLISHES DRAINAGE
SYSTEM PROJECT.] If an order refusing to establish a
drainage system project is appealed, and the court, by order,
establishes the drainage system project, the auditor shall give
notice by publication of the filed order. The notice is
sufficient if it refers to the drainage project or system by
number or other descriptive designation, states the meaning of
the order, and states the date the court order was filed. A
person may appeal the establishment order to the district court
as provided in this section.
Sec. 30. [106A.097] [PAYMENT OF ATTORNEY FEES ON APPEAL.]
If the commissioner of natural resources is a party making
an appeal under section 106A.091 or 106A.095 and the
commissioner does not prevail on the issues appealed, the court
may award attorney fees to the party prevailing on the appeal.
If more than one issue is appealed and the commissioner prevails
on some issues and does not prevail on others, the court shall
determine the amount of the attorney fee to be awarded.
Sec. 31. Minnesota Statutes 1986, section 106A.101,
subdivision 2, is amended to read:
Subd. 2. [RECORD REQUIREMENTS.] All maps, plats, profiles,
plans, and specifications prepared and used in relation to a
proceeding must:
(1) be uniform;
(2) have each sheet bound and marked to identify the
proceeding by the drainage project and system number;
(3) show the name of the person preparing the sheet;
(4) show the date the sheet was prepared; and
(5) conform to rules and standards prescribed by the
director of the division of waters.
Sec. 32. Minnesota Statutes 1986, section 106A.101,
subdivision 4, is amended to read:
Subd. 4. [ENGINEER'S DOCUMENTS.] All original plats,
profiles, records, and field books made by the engineer during
the proceedings or the construction of a drainage system project
are public records and the property of the drainage authority.
These public records must be filed with the auditor under the
direction of the drainage authority when construction is
completed or when the engineer stops acting for the
drainage system project, whichever is earlier.
Sec. 33. [106A.202] [PETITIONS.]
Subdivision 1. [APPLICABILITY.] This section applies to a
petition for a drainage project and a petition for repair.
Subd. 2. [SIGNATURES ON PETITION.] (a) A petition must be
signed by a requisite number of owners of 40-acre tracts or
government lots and property that the drainage project described
in the petition passes over, or by the property owners of the
required percentage of the property area determined by the total
and percentage of area of 40-acre tracts or government lots that
the proposed drainage project passes over, excluding areas in
and holders of easements for utilities and roads. A petition
may be signed by the commissioner of transportation or by a
political subdivision if the property is in their jurisdiction
and is passed over by the proposed drainage project.
(b) Each separate parcel of property counts as one
signature but must be signed by all owners to count as a
signature. The signature of each entity regardless of the
number of parcels of property owned counts as one signature on
the petition.
(c) Paragraph (a) does not apply to a petition for an
improvement of an outlet.
Subd. 3. [WITHDRAWAL OF A PETITIONER.] After a petition
has been filed, a petitioner may not withdraw from the petition
except with the written consent of all other petitioners on the
filed petition.
Subd. 4. [FILING PETITION AND BOND.] A petition for a
drainage project and a bond must be filed with the auditor. If
a drainage system is within two or more counties, the petition
must be filed with the auditor of the county with the greatest
area of property that the proposed drainage project passes over.
Subd. 5. [PETITIONERS' BOND.] One or more petitioners must
file a bond with the petition for at least $10,000 that is
payable to the county where the petition is filed, or for a
petition for a proposed joint county drainage system or a
petition for a drainage project affecting a joint county
drainage system, the bond must be payable to all of the counties
named in the petition. The bond must have adequate surety and
be approved by the county attorney where the petition is filed.
The bond must be conditioned to pay the costs incurred if the
proceedings are dismissed or a contract is not awarded to
construct the drainage system proposed in the petition.
Subd. 6. [EXPENSES NOT TO EXCEED BOND.] The costs incurred
before the proposed drainage project is established may not
exceed the amount of the petitioners' bond. A claim for
expenses greater than the amount of the bond may not be paid
unless an additional bond is filed. If the drainage authority
determines that the cost of the proceeding will be greater than
the petitioners' bond before the proposed drainage project is
established, the drainage authority must require an additional
bond to cover all costs to be filed within a prescribed time.
The proceeding must be stopped until the additional bond
prescribed by the drainage authority is filed. If the
additional bond is not filed within the time prescribed, the
proceeding must be dismissed.
Sec. 34. [106A.212] [NEW DRAINAGE SYSTEM PROJECTS.]
Subdivision 1. [PROCEDURE.] To establish a new drainage
system under this chapter, the petitioners and drainage
authority must proceed according to this section and the
provisions applicable to establishment of drainage projects.
Subd. 2. [SIGNATURES ON PETITION.] The petition for a new
drainage system must be signed by a majority of the owners of
the property that the proposed drainage system described in the
petition passes over, or by the property owners of at least 60
percent of the area that the proposed new drainage system passes
over.
Subd. 3. [PETITION REQUIREMENTS.] The petition must:
(1) describe the 40-acre tracts or government lots and
property where the proposed new drainage system passes over,
including names and addresses of the property owners from
records in the county assessor's office;
(2) describe the starting point, the general course, and
the terminus of the proposed drainage system;
(3) state why the proposed drainage system is necessary;
(4) state that the proposed drainage system will benefit
and be useful to the public and will promote public health; and
(5) state that the petitioners will pay all costs of the
proceedings if the proceedings are dismissed or the contract for
the construction of the proposed drainage system is not awarded.
Sec. 35. Minnesota Statutes 1986, section 106A.215,
subdivision 4, is amended to read:
Subd. 4. [PETITION.] (a) To start an improvement
proceeding, A petition must be signed by:
(1) at least 26 percent of the resident owners of the
property affected by the proposed improvement;
(2) at least 26 percent of the resident owners of property
that the proposed improvement passes over;
(3) the owners of at least 26 percent of the property area
affected by the proposed improvement; or
(4) the owners of at least 26 percent of the property area
that the proposed improvement passes over.
(b) The petition must be filed with the auditor or, for a
drainage system in more than one county, with the auditor of the
county having the largest area of property the improvement is
located on.
(c) The provisions of section 106A.201, subdivision 3,
regarding signatures of public officials apply to this
subdivision.
(d) The petition must:
(1) designate the drainage system proposed to be improved
by number or another description that identifies the drainage
system;
(2) state that the drainage system has insufficient
capacity or needs enlarging or extending to furnish sufficient
capacity or a better outlet;
(3) describe the starting point, general course, and
terminus of any extension;
(4) describe the improvement, including the names and
addresses of owners of the 40-acre tracts or government lots and
property that the improvement passes over;
(5) state that the proposed improvement will be of public
utility and promote the public health; and
(5) (6) contain an agreement by the petitioners that they
will pay all costs and expenses that may be incurred if the
improvement proceedings are dismissed.
Sec. 36. Minnesota Statutes 1986, section 106A.215,
subdivision 5, is amended to read:
Subd. 5. [SUBSEQUENT PROCEEDINGS.] When a petition and the
bond required by section 106A.205 are filed, the auditor shall
present the petition to the board at its next meeting or, for a
joint county drainage system, to the joint county drainage
authority within ten days after the petition is filed. The
drainage authority shall appoint an engineer to examine the
drainage system and make an improvement report. The improvement
proceedings must proceed under this chapter as provided for the
original proceedings for the establishment of a drainage
system project. The benefits and damages determined must be as
a result of the proposed improvement. Assessments for the
repair of the improvement must be based on the benefits
determined for the improvement.
Sec. 37. Minnesota Statutes 1986, section 106A.221, is
amended to read:
106A.221 [IMPROVEMENT OF OUTLETS.]
Subdivision 1. [CONDITIONS FOR IMPROVEMENT OF OUTLETS.] If
a public or private, proposed drainage project or existing
drainage system has waters draining into an existing drainage
system, watercourse, or body of water, and the construction or
proposed construction of the drainage system project causes an
overflow of the existing drainage system, watercourse, or body
of water on adjoining property, an affected county or the owners
of the overflowed property may start outlet improvement
proceedings under this section.
Subd. 2. [PETITION.] (a) A petition must be signed by the
board of an affected county, by at least 26 percent of
the resident owners of adjoining overflowed property, or by the
owners of at least 26 percent of the area of the overflowed
property. The petition must:
(1) describe the property that has been or is likely to be
overflowed including the names and addresses of the property
owners from records in the county assessor's office;
(2) state in general terms by number or otherwise the
drainage systems that have caused or are likely to cause the
overflow;
(3) describe the location of the overflowed drainage
system, watercourse, or body of water and the outlet;
(4) show the necessity of the improvement by enlarging the
system or controlling the waters by off-take ditches, additional
outlets, or otherwise;
(5) show that the outlet improvement will protect the
adjoining property from overflow;
(6) state that the improvement will be of public benefit
and utility and improve the public health; and
(7) state that the petitioners will pay all costs incurred
if the proceedings are dismissed or a contract for the
construction outlet improvement is not awarded.
(b) The petitioners, except for a petition made by the
board, shall give the required bond required by section 106A.205.
Subd. 3. [FILING OF PETITION.] The petition shall be filed
with the county auditor. If the board makes the petition, it
must be addressed to the drainage authority and filed with the
auditor. If part of the improvement or the overflowed property
is located in more than one county, the petition must be filed
with the auditor of the county with the greatest affected area.
Subd. 4. [JURISDICTION OF BOARD AND DISTRICT COURT
DRAINAGE AUTHORITY.] After the petition is filed, the board or
joint county drainage authority where the petition is filed, has
jurisdiction of the petition, the improvement, the affected
property, and all proceedings for the establishment and
construction of the outlet improvement and the assessment of
property benefited by the outlet improvement, as provided for
establishment and construction of a drainage system project
under this chapter.
Subd. 5. [PRELIMINARY SURVEY REPORT REQUIREMENTS.] In the
preliminary survey report, the engineer shall show the existing
or proposed drainage projects or systems that cause the
overflow, the property drained or to be drained by the
drainage system project, and the names of affected property
owners.
Subd. 6. [BENEFITED PROPERTY TO BE DETERMINED BY VIEWERS.]
If, after the preliminary survey report hearing, a detailed
survey is ordered and viewers appointed, the viewers shall
determine and report the benefits to all property from the
outlet improvement including property drained or to be drained
by the existing or drainage system and proposed drainage system
project.
Sec. 38. Minnesota Statutes 1986, section 106A.225, is
amended to read:
106A.225 [LATERALS.]
Subdivision 1. [PETITION.] (a) Persons that own property
in the vicinity of an existing drainage system may petition for
a lateral that connects their property with the drainage
system. The petition must be signed by at least 26 percent of
the resident owners of the property or by the owners of at least
26 percent of the area of the property traversed by that the
lateral passes over. The petition must be filed with the
auditor, or for property in more than one county, the petition
must be filed with the auditor of the county with the largest
property area traversed by passed over by the lateral. The
petition must:
(1) describe in general terms the starting point, general
course, and terminus of the proposed lateral;
(2) describe the property traversed by the lateral
including the names and addresses of the property owners from
records in the county assessor's office;
(3) state the necessity to construct the lateral;
(4) state that, if constructed, the lateral will be of
public benefit and utility and promote the public health;
(5) request that the lateral be constructed and connected
with the drainage system; and
(6) provide that the petitioners will pay all costs
incurred if the proceedings are dismissed or if a contract for
the construction of the lateral is not awarded.
(b) The petitioners shall give the bond required by section
106A.205 33, subdivision 5.
Subd. 2. [ESTABLISHMENT PROCEDURE.] After the petition is
filed, the procedure to establish and construct the lateral is
the same as that provided in this chapter to establish a new
drainage system project.
Subd. 3. [AUTHORITY NECESSARY FOR PROPERTY NOT ASSESSED.]
A lateral may not be constructed to drain property that is not
assessed benefits for the existing public drainage system until
express authority for the use of the existing drainage system as
an outlet for the lateral has been obtained under section
106A.401.
Sec. 39. Minnesota Statutes 1986, section 106A.231, is
amended to read:
106A.231 [DISMISSAL OR DELAY OF PROCEEDINGS BY
PETITIONERS.]
Subdivision 1. [DISMISSAL.] (a) A proceeding under this
chapter may be dismissed by a majority of the petitioners if
they own at least 60 percent of the area owned by all of the
petitioners as described in the petition.
(b) The proceeding may be dismissed at any time before the
proposed drainage system project is established after payment of
the cost of the proceeding. If the costs cannot be collected,
each and all petitioners are liable for unpaid assessments. The
drainage authority shall determine and assess the cost of the
proceeding against the persons liable. After the proceeding is
dismissed any other action on the proposed drainage system
project must begin with a new petition.
Subd. 2. [DELAY.] The drainage authority may delay
drainage proceedings and drainage project construction under
this chapter if a majority of the petitioners petition for a
delay and the drainage authority holds a hearing on the
petition. The delay may be for a period determined by the
drainage authority. The drainage authority shall determine the
cost of the proceedings up to the time the proceedings are
delayed and when the costs are to be paid. The costs may
include interest on the costs due.
Sec. 40. Minnesota Statutes 1986, section 106A.235,
subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION.] A petition for a proposed
drainage system project in two or more counties must be
designated as a joint county drainage system with a number
assigned by the auditor of the county with the largest area of
property in the drainage system.
Sec. 41. Minnesota Statutes 1986, section 106A.235,
subdivision 2, is amended to read:
Subd. 2. [JOINT COUNTY DRAINAGE AUTHORITY.] The board
where a petition for a proposed joint county drainage system
project is filed shall notify the board of each county where
property is affected by the drainage system and request the
boards to meet jointly and consider the petition. The boards
shall select five of their members at the meeting to be the
drainage authority. At least one member must be from each
board. The drainage authority shall be known as the joint
county drainage authority with a joint county drainage project
or system number. A vacancy in the membership of the joint
county drainage authority must be filled by joint action of the
boards.
Sec. 42. [106A.238] [COUNTY ATTORNEY REVIEW OF PETITION
AND BOND.]
The county attorney must review each petition and bond
filed with the county to determine if it meets the requirement
of the proceedings for which it is intended. The county
attorney must review the petition and bond within 30 days after
it is filed. The county attorney must:
(1) refer the petition and bond back to the petitioners if
it does not meet the requirements, with the county attorney's
opinion describing the deficiencies of the petition; or
(2) refer the petition to the drainage authority.
Sec. 43. Minnesota Statutes 1986, section 106A.241,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT.] Within 30 days after filing
the receiving a petition and bond from the county attorney, the
drainage authority shall, by order, appoint an engineer to make
a preliminary survey within a prescribed time. The engineer
must be the county highway engineer of a county where the
affected property is located or a professional engineer
registered under state law. The engineer is the engineer for
the drainage system project throughout the proceeding and
construction unless otherwise ordered. Each appointed engineer
must file an oath and bond. The engineer may be removed by the
drainage authority at any time. If the engineer position is
vacant, the drainage authority shall appoint another engineer as
soon as possible.
Sec. 44. Minnesota Statutes 1986, section 106A.241,
subdivision 2, is amended to read:
Subd. 2. [OATH; BOND.] An appointed engineer must
subscribe to an oath to faithfully perform the assigned duties
in the best manner possible and file a bond with the auditor.
Within ten days after being appointed, the drainage authority
shall set an amount of at least $5,000 for the bond. The bond
must have adequate surety and be payable to the county where the
petition is filed, or for a proposed joint county
drainage system project to all counties in the petition. The
bond must be conditioned to pay any person or the drainage
authority for damages and injuries resulting from negligence of
the engineer while the engineer is acting in the proceedings or
construction, and provide that the engineer will diligently and
honestly perform the engineer's duties. The bond is subject to
approval by the auditor. The aggregate liability of the surety
for all damages may not exceed the amount of the bond.
Sec. 45. Minnesota Statutes 1986, section 106A.241,
subdivision 5, is amended to read:
Subd. 5. [CONSULTING ENGINEER.] After the engineer is
appointed and before construction of the drainage system project
is finished, the drainage authority may employ an engineer as a
consulting engineer for the proceeding and construction. A
consulting engineer shall advise the engineer and drainage
authority on engineering matters and problems that may arise
related to the proceeding and construction of the drainage
system project. The drainage authority shall determine the
compensation for the consulting engineer.
Sec. 46. Minnesota Statutes 1986, section 106A.245, is
amended to read:
106A.245 [PRELIMINARY SURVEY AND PRELIMINARY SURVEY
REPORT.]
Subdivision 1. [SURVEY.] The engineer shall proceed
promptly to:
(1) examine the petition and order;
(2) make a preliminary survey of the area likely to be
affected by the proposed drainage system project to enable the
engineer to determine whether the proposed drainage system
project is necessary and feasible with reference to the
environmental and land use criteria in section 106A.015,
subdivision 1;
(3) examine and gather information related to determining
whether the proposed drainage system project substantially
affects areas that are public waters; and
(4) if the proposed drainage system project requires
construction of an open channel, examine the nature and capacity
of the outlet and any necessary extension.
Subd. 2. [LIMITATION OF SURVEY.] The engineer shall
restrict the preliminary survey to the drainage area described
in the petition, except that to secure an outlet the engineer
may run levels necessary to determine the distance for the
proper fall. The preliminary survey must consider the impact of
the proposed drainage system project on the environmental and
land use criteria in section 106A.015, subdivision 1. The
drainage authority may have other areas surveyed after:
(1) giving notice by mail of a hearing to survey additional
areas, to be held at least ten days after the notice is mailed,
to the petitioners and persons liable on the petitioners' bond;
(2) holding the hearing;
(3) obtaining consent of the persons liable on the
petitioners' bond; and
(4) ordering the additional area surveyed by the engineer.
Subd. 3. [ADOPTION OF FEDERAL PROJECT.] The engineer may
approve and include as a part of the report, a project of the
United States relating to drainage or flood control that is
within the proposed drainage system project area, and may accept
data, plats, plans, or information relating to the project
furnished by United States engineers. The engineer does not
need to make the preliminary survey if the material furnished by
the United States is sufficient for the engineer to make the
preliminary survey report.
Subd. 4. [PRELIMINARY SURVEY REPORT.] The engineer shall
report the proposed drainage system project plan or recommend a
different practical plan. The report must give sufficient
information, in detail, to inform the drainage authority on
issues related to feasibility, and show changes necessary to
make the proposed plan practicable and feasible including
extensions, laterals, and other work. If the engineer finds the
proposed drainage system project in the petition is feasible and
complies with the environmental and land use criteria in section
106A.015, subdivision 1, the engineer shall include in the
preliminary survey report a preliminary plan of the proposed
system drainage project showing the proposed ditches, tile,
laterals, and other improvements, the outlet of the
system project, the watershed of the drainage project or system,
and the property likely to be affected and its known owners.
The plan must show:
(1) the elevation of the outlet and the controlling
elevations of the property likely to be affected referenced to
standard sea level datum, if practical;
(2) the probable size and character of the ditches and
laterals necessary to make the plan practicable and feasible;
(3) the character of the outlet and whether it is
sufficient;
(4) the probable cost of the drains and improvements shown
on the plan;
(5) all other information and data necessary to disclose
the practicability, necessity, and feasibility of the proposed
drainage system project;
(6) consideration of the drainage project under the
environmental and land use criteria in section 106A.015,
subdivision 1, of the proposed drainage system; and
(7) other information as ordered by the drainage authority.
Sec. 47. Minnesota Statutes 1986, section 106A.251, is
amended to read:
106A.251 [FILING PRELIMINARY SURVEY REPORT.]
The engineer shall file the completed preliminary survey
report in duplicate with the auditor. The auditor shall send
one copy of the report to the director. If the proposed
drainage system project involves a joint county drainage project
or system, a copy of the report must be filed with the auditor
of each affected county.
Sec. 48. Minnesota Statutes 1986, section 106A.261,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE.] When the preliminary survey
report is filed, the auditor shall promptly notify the drainage
authority. The drainage authority in consultation with the
auditor shall set a time, by order, not more than 30 days after
the date of the order, for a hearing on the preliminary survey
report. At least ten days before the hearing, the drainage
authority after consulting with the auditor shall give notice by
mail of the time and location of the hearing to the petitioners,
owners of property, and political subdivisions likely to be
affected by the proposed drainage system project in the
preliminary survey report.
Sec. 49. Minnesota Statutes 1986, section 106A.261,
subdivision 3, is amended to read:
Subd. 3. [SUFFICIENCY OF PETITION.] (a) The drainage
authority shall first examine the petition and determine if it
meets the legal requirements.
(b) If the petition does not meet the legal requirements of
this chapter, the hearing shall be adjourned and until a
specified date by which the petitioners must resubmit the
petition. The petition must be referred back to the
petitioners. The petitioners who, by unanimous action, may
amend the petition. The petitioners may obtain signatures of
additional property owners as added petitioners.
(c) When the hearing is reconvened, if at the adjourned
hearing the petition is not resubmitted or does not meet the
legal requirements, the proceedings must be dismissed.
Sec. 50. Minnesota Statutes 1986, section 106A.261,
subdivision 4, is amended to read:
Subd. 4. [DISMISSAL.] (a) The drainage authority shall
dismiss the proceedings if it determines that:
(1) the proposed drainage system project is not feasible;
(2) the adverse environmental impact is greater than the
public benefit and utility after considering the environmental
and land use criteria in section 106A.015, subdivision 1, and
the engineer has not reported a plan to make the proposed
drainage system project feasible and acceptable;
(3) the proposed drainage system project is not of public
benefit or utility; or
(4) the outlet is not adequate.
(b) If the proceedings are dismissed, any other action on
the proposed drainage system project must begin with a new
petition.
Sec. 51. Minnesota Statutes 1986, section 106A.261,
subdivision 5, is amended to read:
Subd. 5. [FINDINGS AND ORDER.] (a) The drainage authority
shall state, by order, its findings and any changes that must be
made in the proposed drainage system project from those outlined
in the petition, including changes necessary to minimize or
mitigate adverse impact on the environment, if it determines
that:
(1) the proposed drainage system project outlined in the
petition, or modified and recommended by the engineer, is
feasible;
(2) there is necessity for the proposed drainage system
project;
(3) the proposed drainage system project will be of public
benefit and promote the public health, after considering the
environmental and land use criteria in section 106A.015,
subdivision 1; and
(4) the outlet is adequate.
(b) Changes may be stated by describing them in general
terms or filing a map that outlines the changes in the proposed
drainage system project with the order. The order and
accompanying documents must be filed with the auditor.
Sec. 52. Minnesota Statutes 1986, section 106A.261,
subdivision 6, is amended to read:
Subd. 6. [OUTLET IS EXISTING DRAINAGE SYSTEM.] If the
outlet is an existing drainage system, the drainage authority
may determine that the outlet is adequate and obtain permission
to use the existing drainage system as an outlet. The drainage
authority shall assign a number to the proposed drainage system
project and proceed under section 106A.401 to act in behalf of
the proposed drainage system project.
Sec. 53. Minnesota Statutes 1986, section 106A.261,
subdivision 7, is amended to read:
Subd. 7. [EFFECT OF FINDINGS.] (a) For all further
proceedings, the order modifies the petition and the order must
be considered with the petition.
(b) The findings and order of the drainage authority at the
preliminary hearing are conclusive only for the signatures and
legal requirements of the petition, the nature and extent of the
proposed plan, and the need for a detailed survey, and only for
the persons or parties shown by the preliminary survey report as
likely to be affected by the proposed drainage system project.
All questions related to the practicability and necessity of the
proposed drainage system project are subject to additional
investigation and consideration at the final hearing.
Sec. 54. Minnesota Statutes 1986, section 106A.265,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] When the preliminary hearing order
is filed with the auditor, the drainage authority shall order
the engineer to make a detailed survey with plans and
specifications for the proposed drainage system project and
submit a detailed survey report to the drainage authority as
soon as possible.
Sec. 55. Minnesota Statutes 1986, section 106A.271,
subdivision 1, is amended to read:
Subdivision 1. [SURVEY AND EXAMINATION.] When an order for
a detailed survey is filed, the engineer shall proceed to survey
the lines of the proposed drainage system project in the
preliminary hearing order, and survey and examine affected
property.
Sec. 56. Minnesota Statutes 1986, section 106A.275, is
amended to read:
106A.275 [ENGINEER'S VARIANCE FROM DRAINAGE AUTHORITY
ORDER.]
(a) In planning a proposed drainage system project, the
engineer may vary from the starting point and the line and plan
described by the preliminary hearing order if necessary to drain
the property likely to be assessed in the proposed
drainage system project.
(b) The engineer may:
(1) survey and recommend the location of additional
necessary ditches and tile;
(2) where better results will be accomplished and more
desirable outlets secured, provide for the extension of the
outlet; and
(3) provide for different parts of the drainage to flow in
different directions with more than one outlet.
(c) The open ditches do not have to connect if they drain
the area to be affected in the petition. The variance must be
reported with similar information in the detailed survey report.
Sec. 57. Minnesota Statutes 1986, section 106A.281, is
amended to read:
106A.281 [SOIL SURVEY.]
The engineer shall make a soil survey if: (1) the drainage
authority orders a soil survey; (2) the commissioner requests a
soil survey; or (3) the engineer determines a soil survey is
necessary. The soil survey must show the nature and character
of the soil in the proposed drainage project area and include
the engineer's findings from the soil survey. The report on the
soil survey must be included in the detailed survey report or
reported and filed separately before the final hearing.
Sec. 58. Minnesota Statutes 1986, section 106A.285,
subdivision 2, is amended to read:
Subd. 2. [MAP.] A complete map of the proposed drainage
project and drainage system must be drawn to scale, showing:
(1) the terminus and course of each drain and whether it is
ditch or tile, and the location of other proposed drainage works;
(2) the location and situation of the outlet;
(3) the watershed of the proposed drainage system project
and the subwatershed of main branches, if any, with the location
of existing highway bridges and culverts;
(4) all property affected, with the names of the known
owners;
(5) public roads and railways affected;
(6) the outline of any lake basin, wetland, or public water
body affected;
(7) other physical characteristics of the watershed
necessary to understand the proposed drainage project and the
affected drainage system; and
(8) the area to be acquired to maintain a grass strip under
section 106A.021.
Sec. 59. Minnesota Statutes 1986, section 106A.285,
subdivision 4, is amended to read:
Subd. 4. [BRIDGE AND CULVERT PLANS.] Plans for private
bridges and culverts to be constructed by and as a part of the
proposed drainage system project and plans for other works to be
constructed for the proposed drainage system project must be
presented. A list must be made that shows the required minimum
hydraulic capacity of bridges and culverts at railways and
highways that cross ditches, and at other prospective ditch
crossings where bridges and culverts are not specified to be
constructed as part of the proposed drainage system project.
Plans and estimates of the cost of highway bridges and culverts
must be prepared for the viewers to determine benefits and
damages.
Sec. 60. Minnesota Statutes 1986, section 106A.285,
subdivision 5, is amended to read:
Subd. 5. [TABULAR STATEMENT OF EXCAVATION, CONSTRUCTION,
AND COST.] A tabular statement must be prepared showing:
(1) the number of cubic yards of excavation, linear feet of
tile, and average depth on each tile line;
(2) the bridges, culverts, and works to be constructed
under the plans for the system drainage project; and
(3) the estimated unit cost of each item, a summary of the
total cost, and an estimate of the total cost of completing the
proposed drainage system project that includes supervision and
other costs.
Sec. 61. Minnesota Statutes 1986, section 106A.285,
subdivision 6, is amended to read:
Subd. 6. [RIGHT-OF-WAY ACREAGE.] The acreage must be shown
that will be taken for ditch right-of-way on each government
lot, 40 acre tract, or fraction of a lot or tract under separate
ownership. The ditch right-of-way must include the area to be
taken to maintain a grass strip under section 106A.021.
Sec. 62. Minnesota Statutes 1986, section 106A.285,
subdivision 9, is amended to read:
Subd. 9. [RECOMMENDATION FOR DIVISION OF WORK.] If
construction of the proposed drainage system project would be
more economical, the engineer may recommend: (1) that the work
be divided into sections and contracted separately; (2) that the
ditch and tile work or tile and labor on the system project be
contracted separately, or (3) the time and manner for the work
to be completed.
Sec. 63. Minnesota Statutes 1986, section 106A.285,
subdivision 10, is amended to read:
Subd. 10. [OTHER INFORMATION ON PRACTICABILITY AND
NECESSITY OF DRAINAGE SYSTEM PROJECT.] Other data and
information to inform the drainage authority of the
practicability and necessity of the proposed drainage
system project must be made available including a comprehensive
examination and the recommendation by the engineer regarding the
environmental and land use criteria in section 106A.015,
subdivision 1.
Sec. 64. Minnesota Statutes 1986, section 106A.295, is
amended to read:
106A.295 [REVISION OF ENGINEER'S DETAILED SURVEY REPORT
AFTER ACCEPTANCE.]
After the final acceptance of the proposed drainage system
project, the engineer shall revise the plan, profiles, and
designs of structures to show the drainage project as actually
constructed on the original tracings. The engineer shall file
the revised detailed survey report with the auditor. The
auditor shall forward the original or a copy to the director as
a permanent record.
Sec. 65. Minnesota Statutes 1986, section 106A.301, is
amended to read:
106A.301 [COMMISSIONER'S FINAL ADVISORY REPORT.]
(a) The commissioner shall examine the detailed survey
report and within 30 days of receipt make a final advisory
report to the drainage authority. The final advisory report
must state whether the commissioner:
(1) finds the detailed survey report is incomplete and not
in accordance with the provisions of this chapter, specifying
the incomplete or nonconforming provisions;
(2) approves the detailed survey report as an acceptable
plan to drain the property affected;
(3) does not approve the plan and recommendations for
changes;
(4) finds the proposed drainage system project is not of
public benefit or utility under the environmental and land use
criteria in section 106A.015, subdivision 1, specifying the
facts and evidence supporting the findings; or
(5) finds a soil survey is needed, and, if it is, makes a
request to the engineer to make a soil survey.
(b) The commissioner shall direct the final advisory report
to the drainage authority and file it with the auditor.
Sec. 66. Minnesota Statutes 1986, section 106A.305,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT.] When the order for a
detailed survey is made, the drainage authority shall, by order,
appoint viewers consisting of three disinterested resident
property owners of the counties affected by the proposed
drainage system residents of the state qualified to assess
benefits and damages. The drainage authority may establish
qualifications for viewers.
Sec. 67. Minnesota Statutes 1986, section 106A.311, is
amended to read:
106A.311 [VIEWERS' DUTIES.]
The viewers, with or without the engineer, shall determine
the benefits and damages to all property affected by the
proposed drainage system project and make a viewers' report.
Sec. 68. Minnesota Statutes 1986, section 106A.315,
subdivision 1, is amended to read:
Subdivision 1. [STATE LAND.] Property owned by the state
must have benefits and damages reported in the same manner as
taxable lands subject to the provisions relating to conservation
areas in section 106A.015, subdivision 2 106A.025.
Sec. 69. Minnesota Statutes 1986, section 106A.315,
subdivision 2, is amended to read:
Subd. 2. [GOVERNMENT PROPERTY.] The viewers shall report
the benefits and damages to the state, counties, and
municipalities from the proposed drainage system project. The
property within the jurisdiction of a municipality, whether
owned by the municipality or by private parties, may be assessed
as benefits and damages to the municipality.
Sec. 70. Minnesota Statutes 1986, section 106A.315,
subdivision 5, is amended to read:
Subd. 5. [EXTENT AND BASIS OF BENEFITS.] (a) The viewers
shall determine the amount of benefits to all property benefited
within the watershed, whether the property is benefited
immediately by the construction of the proposed drainage
system project or the proposed drainage system project can
become an outlet for drainage, makes an outlet more accessible,
or otherwise directly benefits the property. The benefits may
be based on:
(1) an increase in the current market value of property as
a result of constructing the project;
(2) an increase in the potential for agricultural
production as a result of constructing the project; or
(3) an increased value of the property as a result of a
potential different land use.
(b) Benefits and damages may be assessed only against the
property benefited or damaged or an easement interest in
property for the exclusive use of the surface of the property.
Sec. 71. Minnesota Statutes 1986, section 106A.315,
subdivision 6, is amended to read:
Subd. 6. [BENEFITS FOR PROPOSED DRAINAGE SYSTEM PROJECT AS
OUTLET.] (a) If the proposed drainage system project furnishes
an outlet to an existing drainage system and benefits the
property drained by the existing system, the viewers shall
equitably determine and assess:
(1) the benefits of the proposed drainage system project to
each tract or lot drained by the existing drainage system;
(2) a single amount as an outlet benefit to the existing
drainage system; or
(3) benefits on a watershed acre basis.
(b) Assessments that conform with the provisions in this
subdivision are valid. If a single sum is assessed as an outlet
benefit, the lien for the assessment must be prorated on all
property benefited by the existing drainage system in proportion
to the benefits determined in for the existing drainage
system proceeding.
(c) Within the watershed that drains to the area where a
project is located, the viewers may assess outlet benefits on:
(1) property that is responsible for increased
sedimentation in downstream areas of the watershed; and
(2) property that is responsible for increased drainage
system maintenance or increased drainage system capacity because
the natural drainage on the property has been altered or
modified to accelerate the drainage of water from the property.
Sec. 72. Minnesota Statutes 1986, section 106A.315, is
amended by adding a subdivision to read:
Subd. 7. [BENEFITS FOR PROJECT THAT INCREASES DRAINAGE
CAPACITY.] If part of a drainage project increases drainage
capacity and the increased capacity is necessary due to
increased drainage in the project watershed rather than
increased drainage in a specific area, the viewers may assess
benefits on property in the project watershed on a pro rata
basis.
Sec. 73. Minnesota Statutes 1986, section 106A.315, is
amended by adding a subdivision to read:
Subd. 8. [EXTENT OF DAMAGES.] Damages to be paid may
include:
(1) the fair market value of the property required for the
channel of an open ditch and the permanent grass strip under
section 106A.021;
(2) the diminished value of a farm due to severing a field
by an open ditch;
(3) loss of crop production during drainage project
construction; and
(4) the diminished productivity or land value from
increased overflow.
Sec. 74. Minnesota Statutes 1986, section 106A.321,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] (a) The viewers' report
must show, in tabular form, for each lot, 40 acre tract, and
fraction of a lot or tract under separate ownership that is
benefited or damaged:
(1) a description of the lot or tract, under separate
ownership, that is benefited or damaged;
(2) the names of the owners as they appear on the current
tax records of the county and their addresses;
(3) the number of acres in each tract or lot;
(4) the number and value of acres added to a tract or lot
by the proposed drainage of meandered lakes public waters;
(5) the damage, if any, to riparian rights; and
(6) the damages paid for the permanent grass strip under
section 106A.021;
(7) the total number and value of acres added to a tract or
lot by the proposed drainage of public waters, wetlands, and
other areas not currently being cultivated;
(8) the number of acres and amount of benefits being
assessed for drainage of areas which before the drainage
benefits could be realized would require a permit to work in
public waters under section 105.42, to excavate or fill a
navigable water body under United States Code, title 33, section
403, or a permit to discharge into waters of the United States
under United States Code, title 33, section 1344;
(9) the number of acres and amount of benefits being
assessed for drainage of areas that would be considered
conversion of a wetland under United States Code, title 16,
section 3821, if the area was placed in agricultural production;
(10) the amount of right-of-way acreage required; and
(11) the amount that each tract or lot will be benefited or
damaged.
Sec. 75. Minnesota Statutes 1986, section 106A.321, is
amended by adding a subdivision to read:
Subd. 1a. [BENEFITS AND DAMAGES STATEMENT.] (a) The
viewers' report must include a benefits and damages statement
that shows for each property owner how the benefits or damages
for similar tracts or lots were determined. For similar tracts
or lots the report must describe:
(1) the existing land use, property value, and economic
productivity;
(2) the potential land use, property value, and economic
productivity after the drainage project is constructed; and
(3) the benefits or damages from the proposed drainage
project.
(b) The soil and water conservation districts and county
assessors shall cooperate with viewers to provide information
required under paragraph (a).
Sec. 76. [106A.323] [PROPERTY OWNERS' REPORT AND FINAL
PETITION NOTICE.]
Subdivision 1. [REPORT TO PROPERTY OWNERS.] Within 30 days
after the viewers' report is filed, the auditor must make a
property owners' report from the information in the viewers'
report showing for each property owner benefited or damaged by
the proposed drainage project:
(1) the name and address of the property owner;
(2) each lot or tract and its area that is benefited or
damaged;
(3) the total number and value of acres added to a tract or
lot by the proposed drainage of public waters, wetlands, and
other areas not currently being cultivated;
(4) the number of acres and amount of benefits being
assessed for drainage of areas which before the drainage
benefits could be realized would require a permit to work in
public waters under section 105.42, to excavate or fill a
navigable water body under United States Code, title 33, section
403, or a permit to discharge into waters of the United States
under United States Code, title 33, section 1344;
(5) the number of acres and amount of benefits being
assessed for drainage of areas that would be considered
conversion of a wetland under United States Code, title 16,
section 3821, if the area was placed in agricultural production;
(6) the damage, if any, to riparian rights;
(7) the amount of right-of-way acreage required;
(8) the amount that each tract or lot will be benefited or
damaged;
(9) the net damages or benefits to each property owner;
(10) the estimated cost to be assessed to the property
owner based on the cost of the drainage project in the
engineer's detailed survey report; and
(11) a copy of the benefits and damages statement under
section 106A.321, subdivision 1a, paragraph (a), relating to the
property owner.
Subd. 2. [MAILING.] The auditor must mail a copy of the
property owners' report to each owner of property affected by
the proposed drainage project, and may prepare and file an
affidavit of mailing.
Sec. 77. Minnesota Statutes 1986, section 106A.325,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] (a) The final hearing notice must state:
(1) that the petition is pending;
(2) that the detailed survey report is filed;
(3) that the viewers' report is filed;
(4) the time and place set for the final hearing;
(5) a brief description of the proposed drainage project
and affected drainage system, giving in general terms the
starting point, terminus, and general course of the main ditch
and branches;
(6) a description of property benefited and damaged, and
the names of the owners of the property; and
(7) the municipal and other corporations affected by the
proposed drainage system project as shown by the detailed survey
report and viewers' report.
(b) Names may be listed in a narrative form and property
affected may be separately listed in narrative form by
governmental sections or otherwise.
(c) For a joint county proceeding, separate notice may be
prepared for each county affected, showing the portion of the
proposed drainage system project and the names and descriptions
of affected property in the county.
Sec. 78. Minnesota Statutes 1986, section 106A.325,
subdivision 3, is amended to read:
Subd. 3. [METHOD OF NOTICE.] The auditor shall notify the
drainage authority, auditors of affected counties, and all
interested persons of the time and location of the final hearing
by publication, posting, and mail. A printed copy of the final
hearing notice for each affected county must be posted at least
three weeks before the date of the final hearing at the front
door of the courthouse in each county. Within one week after
the first publication of the notice, the auditor shall give
notice by mail of the time and location of the final hearing to
the commissioner, all property owners, and others affected by
the proposed drainage system project and listed in the detailed
survey report and the viewers' report.
Sec. 79. Minnesota Statutes 1986, section 106A.335,
subdivision 1, is amended to read:
Subdivision 1. [CONSIDERATION OF PETITION AND REPORTS.] At
the time and location for the final hearing specified in the
notice, or after the hearing adjourns, the drainage authority
shall consider the petition for the drainage system project,
with all matters pertaining to the detailed survey report, the
viewers' report, and the commissioner's final advisory report.
The drainage authority shall hear and consider the testimony
presented by all interested parties. The engineer or the
engineer's assistant and at least one viewer shall be present.
The director may appear and be heard. If the director does not
appear personally, the final advisory report shall be read
during the hearing. The final hearing may be adjourned and
reconvened as is necessary.
Sec. 80. Minnesota Statutes 1986, section 106A.335,
subdivision 3, is amended to read:
Subd. 3. [REEXAMINATION.] If the drainage authority
determines that property not included in the notice should be
included and assessed or that the engineer or viewers, or both,
should reexamine the proposed drainage system project or the
property benefited or damaged by the system, the drainage
authority may resubmit the reports to the engineer and viewers.
If a report is resubmitted the final hearing may be continued as
is necessary to make the reexamination and reexamination
report. If the reexamination report includes property not
included in the original report, the drainage authority may, by
order, adjourn the hearing and direct the auditor to serve or
publish, post, and mail a final hearing notice with reference to
all property not included in the previous notice. The
jurisdiction of the drainage authority continues in the property
given proper notice, and new or additional notice is not
required for that property.
Sec. 81. Minnesota Statutes 1986, section 106A.341, is
amended to read:
106A.341 [DRAINAGE AUTHORITY FINAL ORDER.]
Subdivision 1. [DISMISSAL OF PROCEEDINGS.] The drainage
authority must dismiss the proceedings and petition, by order,
if it determines that:
(1) the benefits of the proposed drainage system project
are less than the total cost, including damages awarded;
(2) the proposed drainage system project will not be of
public benefit and utility; or
(3) the proposed drainage system project is not practicable
after considering the environmental and land use criteria in
section 106A.015, subdivision 1.
Subd. 2. [ESTABLISHMENT OF PROPOSED DRAINAGE SYSTEM.] (a)
The drainage authority shall establish, by order, a proposed
drainage system project if it determines that:
(1) the detailed survey report and viewers' report have
been made and other proceedings have been completed under this
chapter;
(2) the reports made or amended are complete and correct;
(3) the damages and benefits have been properly determined;
(4) the estimated benefits are greater than the total
estimated cost, including damages;
(5) the proposed drainage system project will be of public
utility and benefit, and will promote the public health; and
(6) the proposed drainage system project is practicable.
(b) The order must contain the drainage authority's
findings, adopt and confirm the viewers' report as made or
amended, and establish the proposed drainage system project as
reported and amended.
Sec. 82. Minnesota Statutes 1986, section 106A.345, is
amended to read:
106A.345 [APPORTIONMENT OF COST FOR JOINT COUNTY DRAINAGE
SYSTEMS.]
For joint county proceedings, the auditor where the
petition is filed shall file a certified copy of the viewers'
report with the auditor of each affected county within 20 days
after the date of the final order establishing the system. When
the final order to establish the drainage system project is
made, the drainage authority shall determine and order the
percentage of the cost of the drainage system project to be paid
by each affected county. The cost shall be in proportion to the
benefits received, unless there is a contrary reason. An
auditor of an affected county may petition the drainage
authority after the final order is made to determine and order
the percentage of costs to be paid by the affected counties.
The drainage authority shall hold a hearing five days after
giving written notice to the auditor of each affected county.
After giving the notice to the auditors of the affected
counties, the drainage authority may, at any time that it is
necessary, modify an order or make an additional order to
allocate the cost among the affected counties.
Sec. 83. Minnesota Statutes 1986, section 106A.351, is
amended to read:
106A.351 [REDETERMINATION OF BENEFITS AND DAMAGES.]
Subdivision 1. [CONDITIONS TO REDETERMINE BENEFITS AND
DAMAGES; APPOINTMENT OF VIEWERS.] If the drainage authority
determines that the original benefits or damages determined in a
drainage proceeding do not reflect reasonable present day land
values or that the benefited or damaged areas have changed, or
if more than 50 percent of the property owners of property
benefited or damaged by a drainage system petition for
correction of an error that was made at the time of the
proceedings that established the drainage system, the drainage
authority may appoint three viewers to redetermine and report
the benefits and damages and the benefited and damaged areas.
Subd. 2. [HEARING AND PROCEDURE.] The drainage authority
shall hold a hearing on the report and confirm the benefits and
benefited areas. (a) The redetermination of benefits and damages
shall proceed as provided for viewers and the viewers' report in
sections 106A.311 to 106A.321, and for.
(b) The auditor must prepare a property owners' report from
the viewers' report. A copy of the property owners' report must
be mailed to each owner of property affected by the drainage
system.
(c) The drainage authority shall hold a final hearing on
the report and confirm the benefits and damages and benefited
and damaged areas. The final hearing shall proceed as provided
under sections 106A.325, 106A.335, and 106A.341, except that the
hearing shall be held within 30 days after the property owners'
report is mailed.
Subd. 3. [REDETERMINED BENEFITS AND DAMAGES REPLACE
ORIGINAL BENEFITS AND DAMAGES.] The redetermined benefits and
damages and benefited and damaged areas must be used in place of
the original benefits and damages and benefited and damaged
areas in all subsequent proceedings relating to the drainage
system.
Subd. 4. [APPEAL.] A person aggrieved by the
redetermination of benefits and damages and benefited and
damaged areas may appeal from the order confirming the
benefits and damages and benefited and damaged areas under
section 106A.091.
Sec. 84. Minnesota Statutes 1986, section 106A.401,
subdivision 2, is amended to read:
Subd. 2. [EXPRESS AUTHORITY NECESSARY.] After the
construction of a drainage system project, a public or private
drainage system that drains property not assessed for benefits
for the established drainage system may not be constructed to
use the established drainage system as an outlet without
obtaining express authority from the drainage authority of the
drainage system proposed to be used as the outlet. This section
is applicable to the construction of a public or private
drainage system that outlets water into an established drainage
system regardless of the actual physical connection.
Sec. 85. Minnesota Statutes 1986, section 106A.401,
subdivision 6, is amended to read:
Subd. 6. [PAYMENT OF OUTLET FEE.] The outlet fee for a
proposed drainage system project is a part of the cost of the
proposed drainage system project and is to be paid by assessment
against the property benefited by the proposed drainage system
project, under section 106A.601, and credited to the established
drainage system account.
Sec. 86. Minnesota Statutes 1986, section 106A.401, is
amended by adding a subdivision to read:
Subd. 7. [UNAUTHORIZED OUTLET INTO DRAINAGE SYSTEM.] (a)
The drainage authority must notify an owner of property where an
unauthorized outlet into a drainage system is located and direct
the property owner to block the outlet or otherwise make the
outlet ineffective by a specified time. The outlet must be
blocked and remain ineffective until:
(1) an outlet fee is paid, which is determined by the
drainage authority based on the benefits received by the
property for the period the unauthorized outlet was operational;
and
(2) the drainage authority approves a petition for the
outlet and establishes the outlet fee.
(b) If a property owner does not block or make the outlet
ineffective after being notified, the drainage authority must
issue an order to have the work performed to bring the outlet
into compliance. After the work is completed, the drainage
authority must send a statement to the auditor of the county
where the property is located and to the property owner where
the unauthorized outlet is located, containing the expenses
incurred to bring the outlet into compliance and the outlet fee
based on the benefits received by property during the period the
unauthorized outlet was operational.
Sec. 87. Minnesota Statutes 1986, section 106A.401, is
amended by adding a subdivision to read:
Subd. 8. [COLLECTION OF UNAUTHORIZED OUTLET COMPLIANCE
EXPENSES.] (a) The amount of the expenses and outlet fee is a
lien in favor of the drainage authority against the property
where the unauthorized outlet is located. The auditor must
certify the expenses and outlet fee and enter the amount in the
same manner as other drainage liens on the tax list for the
following year. The amount must be collected in the same manner
as real estate taxes for the property. The provisions of law
relating to the collection of real estate taxes shall be used to
enforce payment of amounts due under this section. The auditor
must include a notice of collection of unauthorized outlet
compliance expenses with the tax statement.
(b) The amounts collected under this subdivision must be
deposited in the drainage system account.
Sec. 88. Minnesota Statutes 1986, section 106A.405, is
amended to read:
106A.405 [OUTLETS IN ADJOINING STATES.]
In any drainage proceeding, at the hearing on the detailed
survey report and viewers' report, if the drainage authority
determines that a proper outlet for the drainage system does not
exist, except through property in an adjoining state, the
drainage authority may adjourn the hearing. If the hearing is
adjourned the drainage authority shall require the auditor or,
for a joint county drainage system, the auditors of affected
counties to procure an option to acquire the needed right-of-way
at an expense not exceeding the estimated cost specified in the
detailed survey report. The order establishing the
drainage system project may not be made until the option is
procured. If the option is procured and the drainage system
project established, the option shall be exercised and the cost
of the right-of-way shall be paid as a part of the cost of the
drainage system project.
Sec. 89. Minnesota Statutes 1986, section 106A.411,
subdivision 3, is amended to read:
Subd. 3. [FILING; NOTICE.] (a) If proceedings to establish
the drainage system project to be used as an outlet are pending,
the petition must be filed with the auditor. The municipal
drainage system petition must be presented to the drainage
authority at the final hearing to consider the detailed survey
report and viewers' report. Notice of the municipal drainage
system petition must be included in the final hearing notice.
(b) If the drainage system to be used as an outlet is
established, the municipal drainage system petition must be
filed with the auditor. When the petition is filed, the
drainage authority in consultation with the auditor shall, by
order, set a time and place for hearing on the petition. Notice
of the hearing must be given by publication and by mailed notice
to the auditor of each affected county.
Sec. 90. Minnesota Statutes 1986, section 106A.411,
subdivision 4, is amended to read:
Subd. 4. [HEARING AND ORDER.] (a) At the hearing the
drainage authority may receive all evidence of interested
parties for or against the granting of the petition. The
drainage authority, by order, may authorize the municipality to
use the drainage system as an outlet, subject to the conditions
that are necessary and proper to protect the rights of the
parties and safeguard the interests of the general public, if
the drainage authority determines:
(1) that a necessity exists for the use of the drainage
system as an outlet for the municipal drainage system or the
overflow from the system;
(2) that use of the drainage system will be of public
utility and promote the public health; and
(3) that the proposed connection conforms to the
requirements of the pollution control agency and provides for
the construction and use of proper disposal works.
(b) The drainage authority must, by order, make the
municipality a party to the drainage proceedings and determine
the benefits from using the drainage project or system as an
outlet.
Sec. 91. Minnesota Statutes 1986, section 106A.501,
subdivision 4, is amended to read:
Subd. 4. [CONTRACT PROVISIONS FOR CHANGES DURING
CONSTRUCTION.] The contract must give the engineer the right,
with the consent of the drainage authority, to modify the
detailed survey report, plans, and specifications as the work
proceeds and as circumstances require. The contract must
provide that the increased cost resulting from the changes will
be paid by the drainage authority to the contractor at a rate
not greater than the amount for similar work in the contract. A
change may not be made that will substantially impair the
usefulness of any part of the drainage project or system,
substantially alter its original character, or increase its
total cost by more than ten percent of the total original
contract price. A change may not be made that will cause the
cost to exceed the total estimated benefits found by the
drainage authority, or that will cause any detrimental effects
to the public interest under section 106A.015, subdivision 1.
Sec. 92. Minnesota Statutes 1986, section 106A.501,
subdivision 6, is amended to read:
Subd. 6. [GUARANTY OF TILE WORK.] If tile is used to
construct any part of the drainage system project, a majority of
the persons affected may file a written request with the auditor
to contract the tile work separately. The request must be filed
before advertising for the sale of the work has begun. If the
request is properly made, the tile work must be contracted
separately. The contractor must guarantee the tile work under
the contract for three years after its completion against any
fault or negligence on the part of the contractor. The
advertisement for bids must include this requirement.
Sec. 93. Minnesota Statutes 1986, section 106A.501,
subdivision 7, is amended to read:
Subd. 7. [MODIFICATION OF CONTRACT BY AGREEMENT.] This
chapter does not prevent the persons with property affected by
the construction of a drainage system project from uniting in a
written agreement with the contractor and the surety of the
contractor's bond to modify the contract as to the manner or
time when any portion of the drainage system project is
constructed, if the modification is recommended, in writing, by
the engineer and approved by the drainage authority.
Sec. 94. Minnesota Statutes 1986, section 106A.505,
subdivision 1, is amended to read:
Subdivision 1. [AUDITORS AND DRAINAGE AUTHORITY TO
PROCEED.] Thirty days after the order establishing a
drainage system project is filed, the auditor and the drainage
authority or, for a joint county drainage system project, a
majority of the auditors of the affected counties shall proceed
to award the contract to construct the drainage system project.
Sec. 95. Minnesota Statutes 1986, section 106A.505,
subdivision 2, is amended to read:
Subd. 2. [PENDING APPEAL OF BENEFITS AND DAMAGES.] If an
appeal regarding the determination of benefits and damages is
made within 30 days after the order establishing the
drainage system project has been filed, a contract may not be
awarded until the appeal has been determined, unless the
drainage authority orders the contract awarded. The auditor of
an affected county or an interested person may request the
drainage authority to make the order. If the request is not
made by an affected auditor, the auditors of affected counties
must be given notice five days before the hearing on the request.
Sec. 96. Minnesota Statutes 1986, section 106A.505,
subdivision 3, is amended to read:
Subd. 3. [NOTICE OF CONTRACT AWARDING.] The auditor of an
affected county shall give notice of the awarding of the
contract by publication in a newspaper in the county. The
notice must state the time and location for awarding the
contract. For a joint county drainage system project the
auditors shall award the contract at the office of the auditor
where the proceedings are pending. If the estimated cost of
construction is more than $3,000, the auditor must also place a
notice in a drainage construction trade paper. The trade paper
notice must state:
(1) the time and location for awarding the contract;
(2) the approximate amount of work and its estimated cost;
(3) that bids may be for the work as one job, or in
sections, or separately, for bridges, ditches and open work,
tile, or tile construction work, if required or advisable;
(4) that each bid must be accompanied by a certified check
or a bond furnished by an approved surety corporation payable to
the auditors of affected counties for ten percent of the bid, as
security that the bidder will enter into a contract and give a
bond as required by section 106A.501; and
(5) that the drainage authority reserves the right to
reject any and all bids.
Sec. 97. Minnesota Statutes 1986, section 106A.505,
subdivision 7, is amended to read:
Subd. 7. [AFFECTED COUNTIES CONTRACT THROUGH AUDITOR.] The
chair of the drainage authority and the auditor of each affected
county shall contract, in the names of their respective
counties, to construct the drainage system project in the time
and manner and according to the plans and specifications and the
contract provisions in this chapter.
Sec. 98. Minnesota Statutes 1986, section 106A.505,
subdivision 8, is amended to read:
Subd. 8. [WORK DONE BY FEDERAL GOVERNMENT.] If any of the
drainage work is to be done by the United States or its
agencies, a notice of awarding that contract does not need to be
published and a contract for that construction is not
necessary. Affected municipalities may contract or arrange with
the United States or its agencies for cooperation or assistance
in constructing, maintaining, and operating the drainage project
and system, for control of waters in the district, or for making
a survey and investigation or reports on the drainage project or
system. The municipalities may provide required guaranty and
protection to the United States or its agencies.
Sec. 99. Minnesota Statutes 1986, section 106A.511,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS TO USE PROCEDURE IN THIS
SECTION.] The procedure in this section may be used if, after a
drainage system is established:
(1) the only bids received are for more than 30 percent in
excess of the engineer's estimated cost, or in excess of the
benefits, less damages and other costs; or
(2) a contract is awarded, but due to unavoidable delays
not caused by the contractor, the contract cannot be completed
for an amount equal to or less than the benefits, less damages
and other costs.
Sec. 100. Minnesota Statutes 1986, section 106A.511,
subdivision 2, is amended to read:
Subd. 2. [PETITION AFTER COST ESTIMATE ERROR OR CHANGE TO
LOWER COST.] A person interested in the drainage system project
may petition the drainage authority if the person determines
that the engineer made an error in the estimate of the
drainage system project cost or that the plans and
specifications could be changed in a manner materially affecting
the cost of the drainage system without interfering with the
efficiency. The petition must state the person's determinations
and request that the detailed survey report and viewers' report
be referred back to the engineer and to the viewers for
additional consideration.
Sec. 101. Minnesota Statutes 1986, section 106A.511,
subdivision 3, is amended to read:
Subd. 3. [PETITION AFTER EXCESSIVE COST DUE TO INFLATION.]
(a) A person interested in the drainage system project may
petition the drainage authority for an order to reconsider the
detailed survey report and viewers' report if the person
determines:
(1) that bids were received only for a price more than 30
percent in excess of the detailed survey report estimate because
inflation increased the construction cost between the time of
the detailed survey cost estimate and the time of awarding the
contract; or
(2) that after the contract was awarded there was
unavoidable delay not caused by the contractor, and between the
time of awarding the contract and completion of construction
inflation increased construction costs resulting in the contract
not being completed for an amount equal to or less than the
assessed benefits.
(b) The person may request in the petition that the
drainage authority reconsider the original cost estimate in the
detailed survey report and viewers' report and adjust the cost
estimate consistent with the increased construction cost.
Sec. 102. Minnesota Statutes 1986, section 106A.511,
subdivision 5, is amended to read:
Subd. 5. [HEARING ON COST PETITION.] (a) At the hearing
the drainage authority shall consider the petition and hear all
interested parties.
(b) The drainage authority may, by order, authorize the
engineer to amend the detailed survey report, if the drainage
authority determines that:
(1) the detailed survey report cost estimate was erroneous
and should be corrected;
(2) the plans and specifications could be changed in a
manner materially affecting the cost of the drainage system
project without interfering with the efficiency; and
(3) with the correction or modification a contract could be
awarded within the 30 percent limitation and equal to or less
than benefits.
(c) If the drainage authority determines that the amended
changes affect the amount of benefits or damages to any property
or that the benefits should be reexamined because of inflated
land values or inflated construction costs, it shall refer the
viewers' report to the viewers to reexamine the benefits and
damages.
(d) The drainage authority may, by order, direct the
engineer and viewers to amend their detailed survey report and
viewers' report to consider the inflationary cost increases if
the drainage authority determines that:
(1) bids were not received; or
(2) because of inflationary construction cost increases,
construction under the awarded contract cannot be completed for
30 percent or less over the detailed survey cost estimate or in
excess of the benefits, less damages and other costs.
(e) The drainage authority may continue the hearing to give
the engineer or viewers additional time to amend the reports.
The jurisdiction of the drainage authority continues at the
adjourned hearing.
(f) The drainage authority has full authority to consider
the amended reports and make findings and orders. A party may
appeal to the district court under section 106A.091, subdivision
1.
Sec. 103. Minnesota Statutes 1986, section 106A.515, is
amended to read:
106A.515 [DAMAGES, PAYMENT.]
The board of each county where the damaged property is
located must order the awarded damages to be paid, less any
assessment against the property, before the property is entered
for construction of the drainage system project. If a county or
a municipality that is awarded damages requests it, the
assessment may not be deducted. If there is an appeal, the
damages may not be paid until the final determination. If it is
not clear who is entitled to the damages, the board may pay the
damages to the court administrator of the district court of the
county. The court shall direct the court administrator, by
order, to pay the parties entitled to the damages.
Sec. 104. Minnesota Statutes 1986, section 106A.525,
subdivision 2, is amended to read:
Subd. 2. [ROAD AUTHORITY RESPONSIBLE FOR CONSTRUCTION.]
Bridges and culverts on public roads required by the
construction or improvement of a drainage project or system must
be constructed and maintained by the road authority responsible
for keeping the road in repair, except as provided in this
section.
Sec. 105. Minnesota Statutes 1986, section 106A.525,
subdivision 3, is amended to read:
Subd. 3. [NOTICE; CHANGING COST.] The auditor shall notify
the state and each railroad company, corporation, or political
subdivision that they are to construct a required bridge or
culvert on a road or right-of-way under its jurisdiction, within
a reasonable time in the notice. If the work is not done within
the prescribed time, the drainage authority may order the bridge
or culvert constructed as part of the drainage system project
construction. The cost must be deducted from the damages
awarded to the corporation or collected from it as an assessment
for benefits. If the detailed survey report or viewers' report
shows that the construction of the bridge or culvert is
necessary, the drainage authority may, by order, retain an
amount to secure the construction of the bridge or culvert from
amounts to be paid to a railroad, corporation, or political
subdivision.
Sec. 106. Minnesota Statutes 1986, section 106A.525,
subdivision 4, is amended to read:
Subd. 4. [CONSTRUCTION ON LINE BETWEEN TWO CITIES PAID
EQUALLY.] The costs of constructing a bridge or culvert that is
required by construction of a drainage system project on a
public road that is not a state trunk highway on the line
between two statutory or home rule charter cities, whether in
the same county or not, must be paid jointly, in equal shares,
by the cities. The cities shall pay jointly, in equal shares,
for the cost of maintaining the bridge or culvert.
Sec. 107. Minnesota Statutes 1986, section 106A.541, is
amended to read:
106A.541 [EXTENSION OF TIME ON CONTRACTS.]
The auditors of affected counties may extend the time for
the performance of a contract as provided in this section. The
contractor may apply, in writing, for an extension of the
contract. Notice of the application must be given to: (1) the
engineer and the attorney for the petitioners; and (2) for a
joint county drainage system project, to the auditors of the
affected counties. The auditors may grant an extension if
sufficient reasons are shown. The extension does not affect a
claim for liquidated damages that may arise after the original
time expires and before an extension or a claim that may arise
after the time for the extension expires.
Sec. 108. Minnesota Statutes 1986, section 106A.555,
subdivision 2, is amended to read:
Subd. 2. [HEARING.] At the hearing the drainage authority
may, by order, direct payment of the balance due if it
determines that the contract has been completed in accordance
with the plans and specifications. If good cause is shown, the
drainage authority may waive any part of the liquidated damages
accruing under the contract. When the order is filed, the
auditor shall draw a warrant on the treasurer of the county for
the balance due on the contract. For a joint county
drainage project or system the auditor shall make an order to
the auditors of the affected counties to pay for their
proportionate shares of the balance due on the contract. After
receiving the order, the auditor of each affected county shall
draw a warrant on the treasurer of the county for the amount
specified in the order.
Sec. 109. Minnesota Statutes 1986, section 106A.601, is
amended to read:
106A.601 [DRAINAGE LIEN STATEMENT.]
Subdivision 1. [DETERMINATION OF PROPERTY LIABILITY.] When
the contract for the construction of a drainage system project
is awarded, the auditor of an affected county shall make a
statement showing the total cost of the drainage system project
with the estimated cost of all items required to complete the
work. The cost must be prorated to each tract of property
affected in direct proportion to the benefits. The cost, less
any damages, is the amount of liability for each tract for the
drainage system project. The property liability must be shown
in the tabular statement under subdivision 2, opposite the
property owner's name and description of each tract of
property. The amount of liability on a tract of property for
establishment and construction of a drainage system project may
not exceed the benefits determined in the proceedings that
accrue to the tract.
Subd. 2. [DRAINAGE LIEN STATEMENT.] The auditor of each
affected county shall make a lien statement in tabular form
showing:
(1) the names of the property owners, corporate entities,
or political subdivisions of the county benefited or damaged by
the construction of the drainage system project in the viewers'
report as approved by the final order for establishment;
(2) the description of the property in the viewers' report,
and the total number of acres in each tract according to the
county tax lists;
(3) the number of acres benefited or damaged in each tract
shown in the viewers' report;
(4) the amount of benefits and damages to each tract of
property as stated in the viewers' report and confirmed by the
final order that established the drainage system project unless
the order is appealed and a different amount is set; and
(5) the amount each tract of property will be liable for
and must pay into to the county treasury for the establishment
and construction of the drainage system project.
Subd. 3. [SUPPLEMENTAL DRAINAGE LIEN STATEMENT.] If any
items of the cost of the drainage system project have been
omitted from the original drainage lien statement, a
supplemental drainage lien statement with the omitted items must
be made and recorded in the same manner provided for a drainage
lien statement. The total amount of the original drainage lien
and any supplemental drainage liens may not exceed the benefits.
Subd. 4. [RECORDING DRAINAGE LIEN STATEMENT.] The lien
against property in the drainage lien statement and supplemental
drainage lien statements must be certified by the auditor and
recorded on each tract by the county recorder of the county
where the tract is located. The county recorder's fees for
recording must be paid on allowance if allowed by the board.
The drainage lien statement and any supplemental drainage lien
statements, after recording, must be returned and preserved by
the auditor.
Sec. 110. Minnesota Statutes 1986, section 106A.605, is
amended to read:
106A.605 [EFFECT OF FILED DRAINAGE LIEN.]
The amount recorded on from the drainage lien statement and
supplemental drainage lien statement that each tract of property
will be liable for, and the interest allowed on that amount, is
a drainage lien on the property. The drainage lien is a first
and paramount lien until fully paid, and has priority over all
mortgages, charges, encumbrances, and other liens, unless the
board subordinates the drainage lien to easements liens of
record. The recording of the drainage lien, drainage lien
statement, or a supplemental drainage lien statement is notice
to all parties of the existence of the drainage lien.
Sec. 111. Minnesota Statutes 1986, section 106A.611,
subdivision 2, is amended to read:
Subd. 2. [INTEREST.] (a) Interest is an additional
drainage lien on all property until paid. The interest rate on
the drainage lien principal from the date the drainage lien
statement is recorded must be set by the board, but may not
exceed seven percent per year from the date the drainage lien
statement is recorded the rate determined by the state court
administrator for judgments under section 549.09.
(b) Before the tax lists for the year are given to the
county treasurer, the auditor shall compute the interest on the
unpaid balance of the drainage lien at the rate set by the
board. The amount of interest must be computed on the entire
unpaid principal from the date the drainage lien was recorded to
August 15 of the next calendar year, and afterwards from August
15 to August 15 of each year.
(c) Interest is due and payable after November 1 of each
year the drainage lien principal or interest is due and unpaid.
Sec. 112. Minnesota Statutes 1986, section 106A.611,
subdivision 3, is amended to read:
Subd. 3. [COLLECTION OF PAYMENTS.] Interest and any
installment due must be entered on the tax lists for the year.
The installment and interest must be collected in the same
manner as real estate taxes for that year by collecting one-half
of the total of the installment and interest with and as a part
of the real estate taxes on or before May 15 and one-half on or
before October 15 of the next year.
Sec. 113. Minnesota Statutes 1986, section 106A.611,
subdivision 6, is amended to read:
Subd. 6. [DRAINAGE LIEN RECORD.] The auditor shall keep a
drainage lien record for each drainage project and system
showing the amount of the drainage lien remaining unpaid against
each tract of property.
Sec. 114. Minnesota Statutes 1986, section 106A.611,
subdivision 7, is amended to read:
Subd. 7. [COLLECTION AND ENFORCEMENT OF DRAINAGE LIENS.]
The provisions of law that exist relating to the collection of
real estate taxes are adopted to enforce payment of drainage
liens. If there is a default, a penalty may not be added to an
installment of principal and interest, but each defaulted
payment, principal, and interest draws interest from the date of
default until paid at seven percent per year the rate determined
by the state court administrator for judgments under section
549.09.
Sec. 115. Minnesota Statutes 1986, section 106A.615,
subdivision 4, is amended to read:
Subd. 4. [ASSESSMENT FOR VACATED TOWN ROADS.] If a town is
assessed for benefits to a town road in a drainage system
project proceeding under this chapter and the town road is later
vacated by the town board under section 164.07, the town board
may petition the drainage authority to cancel the assessment.
The drainage authority may cancel the assessment if it finds
that the town road for which benefits are assessed has been
vacated under section 164.07.
Sec. 116. Minnesota Statutes 1986, section 106A.615,
subdivision 7, is amended to read:
Subd. 7. [RAILROAD AND UTILITY PROPERTY.] Property owned
by a railroad or other utility corporation benefited by a
drainage system project is liable for the assessments of
benefits on the property as other taxable property. From the
date the drainage lien is recorded, the amount of the assessment
with interest is a lien against all property of the corporation
within the county. Upon default the assessment may be collected
by civil action or the drainage lien may be foreclosed by action
in the same manner as provided by law for the foreclosure of
mortgage liens. The county where the drainage lien is filed has
the right of action against the corporation to enforce and
collect the assessment.
Sec. 117. Minnesota Statutes 1986, section 106A.635,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] After the contract for the
construction of a drainage system project is awarded, the board
of an affected county may issue the bonds of the county in an
amount necessary to pay the cost of establishing and
constructing the drainage system project.
Sec. 118. Minnesota Statutes 1986, section 106A.635,
subdivision 10, is amended to read:
Subd. 10. [BOND RECITAL.] Each drainage bond, temporary
drainage bond, and definitive drainage bond must contain a
recital that it is issued by authority of and in strict
accordance with this chapter. The recital is conclusive in
favor of the holders of the bonds as against the county, that
the drainage system project has been properly established, that
property within the county is subject to assessment for benefits
in an amount not less than the amount of the bonds, and that all
proceedings and construction relative to the drainage systems
financed by the bonds have been or will be made according to law.
Sec. 119. Minnesota Statutes 1986, section 106A.645,
subdivision 7, is amended to read:
Subd. 7. [PAYMENT.] The fees and expenses provided for in
this chapter for a drainage project or system in one county must
be audited, allowed, and paid by order of the board or for a
drainage project or system in more than one county must be
audited, allowed, and paid by order of the drainage authority
after ten days' written notice to each affected county. The
notice must be given by the auditor to the auditors of affected
counties. The notice must state the time and location of the
hearing and that all bills on file with the auditor at the date
of the notice must be presented for hearing and allowance.
Sec. 120. Minnesota Statutes 1986, section 106A.651,
subdivision 1, is amended to read:
Subdivision 1. [FUNDS FOR DRAINAGE SYSTEM COSTS.] The
board shall provide funds to pay the costs of drainage projects
and systems.
Sec. 121. Minnesota Statutes 1986, section 106A.655,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENT MADE FROM DRAINAGE SYSTEM
ACCOUNT.] The costs for a drainage system project proceeding and
construction must be paid from the drainage system account by
drawing on the account.
Sec. 122. Minnesota Statutes 1986, section 106A.701,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] The term "repair," as used in
this section, means to restore all or a part of a drainage
system as nearly as practicable to the same condition as when
originally constructed or and subsequently improved, including
resloping of ditches and leveling of waste banks if necessary to
prevent further deterioration, realignment to original
construction if necessary to restore the effectiveness of the
drainage system, and routine operations that may be required to
remove obstructions and maintain the efficiency of the drainage
system.
Sec. 123. Minnesota Statutes 1986, section 106A.701, is
amended by adding a subdivision to read:
Subd. 1a. [REPAIRS AFFECTING PUBLIC WATERS.] Before a
repair is ordered, the drainage authority must notify the
commissioner if the repair may affect public waters. If the
commissioner disagrees with the repair depth, the engineer, a
representative appointed by the director, and a soil and water
conservation district technician must jointly determine the
repair depth using soil borings, field surveys, and other
available data or appropriate methods. Costs for determining
the repair depth beyond the initial meeting must be shared
equally by the drainage system and the commissioner. The
determined repair depth must be recommended to the drainage
authority. The drainage authority may accept the joint
recommendation and proceed with the repair.
Sec. 124. Minnesota Statutes 1986, section 106A.705, is
amended to read:
Subdivision 1. [INSPECTION.] After the construction of a
drainage system has been completed, the drainage authority shall
maintain the drainage system that is located in its jurisdiction
including grass strips under section 106A.021 and provide the
repairs necessary to make the drainage system efficient. The
drainage authority shall have the drainage system inspected
annually on a regular basis by an inspection committee of the
drainage authority or a drainage inspector appointed by the
drainage authority.
Subd. 1a. [GRASS STRIP INSPECTION AND COMPLIANCE
NOTICE.] (a) The drainage authority having jurisdiction over a
drainage system must inspect the drainage system for violations
of section 106A.021. If an inspection committee of the drainage
authority or a drainage inspector determines that permanent
grass strips are not being maintained in compliance with section
106A.021, a compliance notice must be sent to the property owner.
(b) The notice must state:
(1) the date the ditch was inspected;
(2) the persons making the inspection;
(3) that spoil banks are to be spread in a manner
consistent with the plan and function of the drainage system and
the drainage system has acquired a grass strip 16-1/2 feet in
width or to the crown of the spoil bank, whichever is greater;
(4) the violations of section 106A.021;
(5) the measures that must be taken by the property owner
to comply with section 106A.021 and the date when the property
must be in compliance; and
(6) that if the property owner does not comply by the date
specified, the drainage authority will perform the work
necessary to bring the area into compliance with section
106A.021 and charge the cost of the work to the property owner.
(c) If a property owner does not bring an area into
compliance with section 106A.021 as provided in the compliance
notice, the inspection committee or drainage inspector must
notify the drainage authority.
(d) This subdivision applies to property acquired under
section 106A.021.
Subd. 2. [DRAINAGE INSPECTOR REPORT.] For each drainage
system that the board designates and requires the drainage
inspector to examine, the drainage inspector shall make a
drainage inspection report in writing to the board after
examining a drainage system, designating portions that need
repair or maintenance of grass strips and the location and
nature of the repair or maintenance. The board shall consider
the drainage inspection report at its next meeting and may
repair all or any part of the drainage system as provided under
this chapter. The grass strips must be maintained in compliance
with section 106A.021.
Subd. 3. [INSPECTION REPORT TO DRAINAGE AUTHORITY.] If the
inspection committee or drainage inspector reports, in writing,
to the drainage authority that maintenance of grass strips or
repairs are necessary on a drainage system and the report is
approved by the drainage authority, the maintenance or repairs
must be made under this section.
Subd. 4. [REPAIRS LESS THAN $20,000 $50,000.] If the
drainage authority finds that the estimated cost of repairs and
maintenance of one drainage system for one year will be less
than $20,000 the greater of $50,000 or $1,000 per mile of open
ditch in the ditch system, it may have the repair work done by
hired labor and equipment without advertising for bids or
entering into a contract for the repair work.
Subd. 5. [ANNUAL REPAIR ASSESSMENT LEVY LIMITS.] The
drainage authority may give notice of and hold a hearing on the
repair levy before ordering the levy of an assessment for
repairs. In one calendar year the drainage authority may not
levy an assessment for repairs or maintenance on one drainage
system for more than 20 percent of the benefits of the drainage
system, $1,000 per mile of open ditch in the ditch system, or
$20,000 $50,000, whichever is greater, except for a repair made
after a disaster under subdivision 6 or under the petition
procedure.
Subd. 6. [REPAIR AND CONSTRUCTION AFTER DISASTER.] The
drainage authority may repair and reconstruct the drainage
system without advertising for bids and without regard to
the $20,000 $1,000 per mile of open ditch or $50,000 limitation
if:
(1) a drainage system is destroyed or impaired by floods,
natural disaster, or unforeseen circumstances;
(2) the area where the drainage system is located has been
declared a disaster area by the President of the United States
and federal funds are available for repair or reconstruction;
and
(3) the public interests would be damaged by repair or
reconstruction being delayed.
Sec. 125. Minnesota Statutes 1986, section 106A.715,
subdivision 6, is amended to read:
Subd. 6. [REPAIR BY RESLOPING DITCHES, LEVELING WASTE
BANKS, INSTALLING EROSION CONTROL AND REMOVING TREES.] (a) For a
drainage system that is to be repaired by resloping ditches,
leveling waste banks, installing erosion control measures, or
removing trees, before ordering the repair, the drainage
authority must appoint viewers to assess and report on damages
and benefits if it determines that:
(1) that the resloping, leveling, and installing erosion
control measures or tree removal will require the taking of any
property not contemplated and included in the original
proceeding for the establishment of the drainage system; and
(2) that any waste bank leveling will directly benefit
property where the bank leveling is specified; and
(3) the installation of erosion control measures will aid
the long-term efficiency of the drainage system.
(b) The viewers shall assess and report damages and
benefits as provided by sections 106A.315 and 106A.321 and. The
drainage authority shall hear and determine the damages and
benefits as provided in sections 106A.325, 106A.335, and
106A.341. The hearing shall be held within 30 days after the
property owners' report is mailed. Damages must be paid as
provided by section 106A.315 as a part of the cost of the
repair, and benefits must be added to the benefits previously
determined as the basis for the pro rata assessment for the
repair of the drainage system for the repair proceeding only.
Sec. 126. [106A.728] [APPORTIONMENT OF REPAIR COSTS.]
Subdivision 1. [GENERALLY.] The cost of repairing a
drainage system shall be apportioned pro rata on all property
and entities that have been assessed benefits for the drainage
system except as provided in this section.
Subd. 2. [ADDITIONAL ASSESSMENT FOR AGRICULTURAL PRACTICES
ON GRASS STRIP.] (a) The drainage authority may, after notice
and hearing, charge an additional assessment on property that
has agricultural practices on or otherwise violates provisions
related to the permanent grass strip acquired under section
106A.021.
(b) The drainage authority may determine the cost of the
repair per mile of open ditch on the ditch system. Property
that is in violation of the grass requirement shall be assessed
a cost of 20 percent of the repair cost per open ditch mile
multiplied by the length of open ditch in miles on the property
in violation.
(c) After the amount of the additional assessment is
determined and applied to the repair cost, the balance of the
repair cost may be apportioned pro rata as provided in
subdivision 1.
Subd. 3. [SOIL LOSS VIOLATIONS.] The drainage authority
after notice and hearing may make special assessments on
property that is in violation of a county soil loss ordinance.
Sec. 127. Minnesota Statutes 1986, section 106A.731,
subdivision 1, is amended to read:
Subdivision 1. [APPORTIONMENT REPAIR COST OF ASSESSMENTS.]
If there is not enough money in the drainage system account to
make a repair, the board shall apportion and assess the costs of
the repairs pro rata on all property and entities that have been
assessed benefits for the drainage system.
Sec. 128. Minnesota Statutes 1986, section 106A.741,
subdivision 5, is amended to read:
Subd. 5. [PROPERTY BENEFITED IN HEARING ORDER INCLUDED IN
FUTURE PROCEEDINGS.] For the repair of the drainage system under
this section that included the property that was not assessed
and in all future proceedings relating to repairing, cleaning,
improving, or altering the drainage system, the property
benefited in the viewers' report hearing is part of the property
benefited by the drainage system and must be assessed, in the
same manner provided for the assessment of the property
originally assessed for and included in the drainage system.
Sec. 129. Minnesota Statutes 1986, section 106A.811,
subdivision 2, is amended to read:
Subd. 2. [PETITIONERS.] A petition must be signed by at
least 51 percent of the resident property owners assessed for
the construction of the drainage system or by the owners of not
less than 51 percent of the area of the property assessed for
the drainage system. For the purpose of the petition, the
county is the resident owner of all tax-forfeited property held
by the state and assessed benefits for the drainage system, and
the board may execute the petition for the county as a resident
an owner.
Sec. 130. Minnesota Statutes 1986, section 106A.811,
subdivision 4, is amended to read:
Subd. 4. [FILING PETITION; JURISDICTION.] If all property
assessed for benefits in the drainage system is in one county,
the petition must be filed with the auditor unless the petition
is signed by the board, in which case the petition must be made
to the district court of the county and filed with the court
administrator of court. If property assessed for benefits is in
two or more counties, the petition must be filed with the
auditor. When the petition is filed, the drainage authority in
consultation with the auditor, or the court administrator with
the approval of the court, shall set a time and location for a
hearing on the petition. The auditor or court administrator
shall give notice by publication of the time and location of the
abandonment hearing to all persons interested. The drainage
authority or the district court where the petition is properly
filed has jurisdiction of the petition.
Sec. 131. Minnesota Statutes 1986, section 106A.811,
subdivision 5, is amended to read:
Subd. 5. [ABANDONMENT HEARING.] (a) At the hearing, the
drainage authority or court shall examine the petition and
determine whether it is sufficient and shall hear all interested
parties.
(b) If a property owner assessed benefits for the drainage
system appears and makes a written objection to the abandonment
of the drainage system, the drainage authority or court shall
appoint three disinterested persons as viewers to examine the
property and report to the drainage authority or court. The
hearing must be adjourned to make the examination and report and
a date set to reconvene. The viewers, if appointed, shall
proceed to examine the property of the objecting owner and
report as soon as possible to the drainage authority or court
with the description and situation of the property and whether
the drainage system drains or otherwise affects the property.
(c) At When the adjourned hearing is reconvened, the
drainage authority or court shall consider the viewers' report
and all evidence offered, and:
(1) if the drainage authority determines that the drainage
system serves any useful purpose to any property or the general
public, the petition for abandonment must be denied; or
(2) if the drainage authority determines that the drainage
system does not serve any useful purpose to any affected
property and is not of public benefit and utility, the drainage
authority or court shall make findings and shall, by order,
abandon the drainage system.
Sec. 132. Minnesota Statutes 1986, section 112.431,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) For the purpose of this
section the terms defined in this subdivision have the meanings
ascribed to them.
(b) "Drainage system" means a ditch as defined by has the
meaning given in section 106A.005, subdivision 11.
(c) "Watershed district" means any watershed district
established pursuant to the provisions of this chapter, wholly
or partially in a metropolitan county.
(d) "Metropolitan county" means any one of the following
counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or
Washington.
(e) "Metropolitan area" means the combined area of the
metropolitan counties.
Sec. 133. Minnesota Statutes 1986, section 112.48,
subdivision 1, is amended to read:
Subdivision 1. After the overall plan of the district has
been prescribed by the board, as provided in section 112.46, a
petition may be filed with the managers for any project within
the district conforming in general with the plan. The petition
must be signed:
(1) by not less than 25 percent of the resident freeholders
property owners, or by the owners of more than 25 percent of the
land within the limits of the area proposed to be improved,
unless the project consists of the establishment of a new
drainage system as defined in sections 106A.005 to 106A.811 in
chapter 106A or the improvement of an existing drainage system;
(2) by a majority of the resident owners of the land over
which the proposed project passes or is located, or by the
owners of at least 60 percent of the area of the land, if the
project consists of the establishment of a new drainage system
as defined in sections 106A.005 to 106A.811 in chapter 106A;
(3) by not less than 26 percent of the resident owners of
the property affected by the proposed project or over which the
proposed project passes or by the owners of not less than 26
percent of the area affected or over which the proposed project
passes if the project consists of the improvement of an existing
drainage system as defined in sections 106A.005 to 106A.811 in
chapter 106A;
(4) by a county board of any county affected; or
(5) by the governing body of any city lying wholly or
partly within the area proposed to be improved; provided that if
the proposed project affects lands exclusively within a city,
the petition shall originate from the governing body of the city.
For the purpose of this subdivision, holders of easements
for electric or telephone transmission or distribution lines are
not considered freeholders or owners.
The petition shall contain the following:
(a) a description of the proposed project, and the purpose
to be accomplished;
(b) a description of the lands over which the proposed
project passes or is located;
(c) a general description of the part of the district which
will be affected, if less than the entire district;
(d) the need and necessity for the proposed improvement;
(e) that the proposed project will be conducive to public
health, convenience, and welfare;
(f) a statement that the petitioners will pay all costs and
expenses which may be incurred in case the proceedings are
dismissed or for any reason no construction contract is let for
the project.
Sec. 134. Minnesota Statutes 1986, section 112.59, is
amended to read:
112.59 [CONTROL OF CONTRACTS.]
In all cases where contracts are let by the managers, they
shall have full control of all matters pertaining thereto. If a
contractor fails to complete the improvement within the time or
in the manner specified in the contract, the managers may extend
the time for completion or may refuse an extension of time or
may cancel the contract and readvertise and relet the contract.
They may require the surety for the contractor to complete the
improvement or proceed to have the contract otherwise completed
at the expense of the contractor and the surety. They may take
such other action with reference thereto that the occasion may
require in the interest of the district. The provisions of
sections 106A.005 to 106A.811 chapter 106A, so far as pertinent,
apply to and govern the relations between the engineer and the
contractor, including the examination and report of the engineer
and the amount and time of payment. The managers shall keep an
accurate account of all expenses incurred, which shall include
the compensation of the engineer and the assistants, the
compensation and expenses of the appraisers as provided in
section 112.50, the compensation of petitioners' attorney, the
cost of petitioners' bond, the fees of all county officials
necessitated by the improvement which shall be in addition to
all fees otherwise allowed by law, and the time and expenses of
all employees of the district, including the expenses of the
managers while engaged in any improvement. The fees and
expenses provided for herein shall be audited, allowed and paid
upon the order of the managers and shall be charged to and be
treated as a part of the cost of the improvement.
Sec. 135. Minnesota Statutes 1986, section 112.60,
subdivision 1, is amended to read:
Subdivision 1. Upon the filing by the managers with the
auditor of any county of a statement listing the property and
corporations benefited or damaged or otherwise affected by any
improvement as found by the appraisers and approved by the
managers, the auditor shall assess the amount specified in such
list against the lands and municipalities or other corporations
as therein specified in accordance with the pertinent provisions
of sections 106A.005 to 106A.811 chapter 106A.
Sec. 136. Minnesota Statutes 1986, section 112.65,
subdivision 1, is amended to read:
Subdivision 1. The managers of a district shall take over
when directed by the district court or county board or joint
county drainage authority any judicial or county or joint county
drainage system within the district, together with the right to
repair and maintain the same. Such transfer may be initiated by
the district court joint county drainage authority or county
board, or such transfer may be initiated by a petition from any
person having an interest in the drainage system or by the
managers. No such transfer shall be made until the district
court joint county drainage authority or county board has held a
hearing thereon. Due notice of the proposed transfer together
with the time and place of hearing shall be given by two weeks
published notice in a legal newspaper of general circulation in
the area involved. All interested persons may appear and be
heard. Following the hearing, the district court joint county
drainage authority or county board shall make its order
directing that the managers of a district take over the affected
judicial joint county or county drainage system, unless it
appears that the take over takeover would not be in the public
welfare or public interest and would not serve the purpose of
this chapter. When the transfer is directed all proceedings for
repair and maintenance shall thereafter conform to the
provisions of sections 106A.005 to 106A.811 chapter 106A.
Sec. 137. [FEDERAL 404 PERMITTING AUTHORITY REPORT.]
The commissioner of natural resources shall, in cooperation
with the Minnesota department of agriculture, the Minnesota
pollution control agency, Minnesota association of watershed
district managers, and the association of Minnesota counties,
prepare a report relating to state assumption of the federal
permitting program under United States Code, title 33, section
1344. The report must include:
(1) analyses of what types of activities and resources
would be involved;
(2) environmental protection agency and United States Army
Corps of Engineers' conditions for state permitting;
(3) analyses of the costs for state administration and
alternative funding strategies;
(4) recommendations on the appropriate roles for state
agencies and local government in administration of the program;
and
(5) the necessary changes in current legislation to
facilitate administration of the program.
The commissioner of natural resources must submit the
report to the legislature and governor by October 1, 1988.
Sec. 138. [RENUMBERING SECTIONS.]
The revisor of statutes shall renumber each section of
Minnesota Statutes specified in column A with the numbers set
forth in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
Column A Column B
111.65 110.55
111.66 110.56
111.67 110.57
111.68 110.58
111.69 110.59
111.70 110.60
111.71 110.61
111.72 110.62
111.73 110.63
111.74 110.64
111.75 110.65
111.76 110.66
111.77 110.67
111.78 110.68
111.79 110.69
111.80 110.70
111.81 378.36
111.82 105.82
Sec. 139. [REPEALER.]
Minnesota Statutes 1986, sections 106A.005, subdivision 25;
106A.201; 106A.205; 106A.211; 111.01; 111.02; 111.03; 111.04;
111.05; 111.06; 111.07; 111.08; 111.09; 111.10; 111.11; 111.12;
111.13; 111.14; 111.15; 111.16; 111.17; 111.18; 111.19; 111.20;
111.21; 111.22; 111.23; 111.24; 111.25; 111.26; 111.27; 111.28;
111.29; 111.30; 111.31; 111.32; 111.33; 111.34; 111.35; 111.36;
111.37; 111.38; 111.39; 111.40; 111.41; 111.42; and 111.421;
are repealed.
Sec. 140. [EFFECTIVE DATE.]
This act is effective August 1, 1987, for all drainage
proceedings started after that date, except section 139 is
effective and drainage and conservancy districts established
under sections 111.01 to 111.421 are terminated on January 1,
1988, but actions started under sections 111.01 to 111.421
before January 1, 1988, may be completed under the provisions of
sections 111.01 to 111.421.
Approved May 26, 1987
Official Publication of the State of Minnesota
Revisor of Statutes