HF 1480

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to drainage; allowing an outlet fee to be charged for use of an established
drainage system in Red Lake County as an outlet for drainage originating in
Pennington County.

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

Section 1. new text begin OUTLET FEE FOR USE OF DRAINAGE SYSTEM IN RED LAKE
COUNTY AS OUTLET FOR DRAINAGE FROM PENNINGTON COUNTY.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin Red Lake County may charge an outlet fee for use of
county ditch number 13 as an outlet for drainage originating in Pennington County, as
provided in this section. The outlet fee must be established by a joint board established
under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Joint board. new text end

new text begin The Boards of Commissioners of Red Lake and Pennington
Counties shall appoint from their members a joint board consisting of an equal number of
members from each board.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin The joint board shall set a time and location for a hearing and
shall give notice of the hearing by publication, as defined in Minnesota Statutes, section
103E.005, subdivision 24, and by mail to the Red Lake and Pennington County Boards and
the property owners and political subdivisions likely to be affected by the outlet fee. At the
hearing, the joint board shall provide an opportunity for all interested persons to be heard.
new text end

new text begin Subd. 4. new text end

new text begin Order. new text end

new text begin After the hearing, the joint board shall, by order, set the amount
to be paid as an outlet fee. The order must describe the property benefited by the outlet
drainage system and state the amount of benefits to the property for the outlet drainage
system. The property benefited is subject to assessments levied after that time in the outlet
drainage system, on the basis of the benefits as if the benefits had been determined in the
order establishing the outlet drainage system.
new text end

new text begin Subd. 5. new text end

new text begin Payment. new text end

new text begin The outlet fee must be paid by assessment against the benefited
property in Pennington County, under Minnesota Statutes, section 103E.601, and credited
to the established drainage system account for county ditch number 13.
new text end

new text begin Subd. 6. new text end

new text begin Appeal. new text end

new text begin A person whose property is subject to assessments under
subdivision 5 may appeal the order under Minnesota Statutes, section 103E.091.
new text end

Sec 2. [EFFECTIVE DATE.]

new text begin Under Minnesota Statutes, section 645.023, subdivision 1, paragraph (a), this section
takes effect, without local approval, the day following final enactment.
new text end