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SF 3857

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to local government; authorizing alternative transfer procedure in
Hennepin County for certain drainage system management; proposing coding
for new law in Minnesota Statutes, chapter 383B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[383B.61] TRANSFER OF DRAINAGE SYSTEMS.

Subdivision 1.

Applicability; definition.

(a) This section applies to transfers of
management jurisdiction for the drainage systems listed in paragraph (b) from Hennepin
County to a water management authority, as defined under section 103E.005, subdivision
29. The transfer procedure described in this section is an alternative to the procedure
prescribed in section 103E.812. Section 103E.812 does not apply to transfers under this
section, except as specified in this section.

(b) This section applies to transfer of the following drainage systems: Hennepin
County Ditches 3, 6, 7, 9, 11, 12, 13, 16, 18, 19, 21, 22, 25, 26, 30, J-6, and J-20.

(c) For purposes of this section, "board" means the Hennepin County Board of
Commissioners.

Subd. 2.

Transfer procedure.

(a) A water management authority may petition for
transfer if the drainage system or portion of the drainage system proposed to be transferred
lies within the jurisdictional boundaries of the water management authority. The petition
must be in a form prescribed by the board and must provide that the transferred drainage
system be managed according to a plan adopted under sections 103B.205 to 103B.255.

(b) Upon receipt of a petition under paragraph (a), the board shall set a date and
location for public hearing and shall publish notice of the hearing in newspapers with
general circulation in the affected areas at least 30 days prior to the hearing. The notice
shall include a statement that property owners have a right to object to the transfer at
the hearing.

(c) The hearing shall be conducted according to procedures established by the board.
Transfer shall be completed upon approval of the board.

(d) Costs of the transfer proceedings shall be attributable according to section
103E.812, subdivision 6.

Subd. 3.

Effect of transfer.

The transfer of a drainage system under this section
is not a compromise of any property right held by an owner of assessed property on the
transferred drainage system and the rights of the property owners are as provided in
section 103E.812, subdivision 7. Transfer of a drainage system under this section has the
effect given under section 103E.812, subdivision 8.