2005 Minnesota Statutes

     103E.801 Consolidation or division of drainage systems. 

    Subdivision 1.    Authority to consolidate or divide.  
 After the benefited area of a drainage system has been 
 redetermined by the drainage authority under section 103E.351 or 
 in connection with drainage proceedings, the drainage authority 
 may divide one system into two or more separate systems, 
 consolidate two or more systems, transfer part of one system to 
 another, or attach a part of a system that has been abandoned as 
 provided in section 103E.805 or 103E.811 to another system to 
 provide for the efficient administration of the system 
 consistent with the redetermination of the benefited area.  

    Subd. 2.    Initiation of action.  The consolidation or 
 division may be initiated by the drainage authority on its own 
 motion or by any party interested in or affected by the drainage 
 system filing a petition.  If the system is under the 
 jurisdiction of a drainage authority, the petition must be filed 
 with the auditor.  If the system is under the jurisdiction of a 
 watershed board, the petition must be filed with the secretary 
 of the board.  

    Subd. 3.    Hearing.  (a) When a drainage authority or 
 watershed board directs by resolution or a petition is filed, 
 the drainage authority in consultation with the auditor or 
 secretary shall set a time and location for a hearing.  The 
 auditor or secretary shall give notice by publication to all 
 persons interested in the drainage system.  The drainage 
 authority may consolidate or divide drainage systems, by order, 
 if it determines that the division of one system into two or 
 more separate systems, the consolidation of two or more systems, 
 the transfer of part of one system to another, or the attachment 
 of a previously abandoned part of a system to another system: 

    (1) is consistent with the redetermination of the benefited 
 areas of the drainage system; 

    (2) would provide for the efficient administration of the 
 drainage system; and 

    (3) would be fair and equitable. 

    (b) An order to consolidate or divide drainage systems does 
 not release property from a drainage lien or assessment filed 
 for costs incurred on account of a drainage system before the 
 date of the order.  

    HIST: 1990 c 391 art 5 s 101