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SF 412

as introduced - 90th Legislature (2017 - 2018) Posted on 01/27/2017 09:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to drainage; modifying drainage system repair procedures; amending
Minnesota Statutes 2016, section 103E.715, subdivision 4.


Section 1.

Minnesota Statutes 2016, section 103E.715, subdivision 4, is amended to read:

Subd. 4.

Hearing on repair report.

(a) The drainage authority shall make findings and
order the repair to be made if:

(1) the drainage authority determines from the repair report and the evidence presented
that the repairs recommended are necessary for the best interests of the affected property
owners; or

(2) the repair petition is signed by the owners of at least 26 percent of the property area
affected by and assessed for the original construction of the drainage system, and the drainage
authority determines that the drainage system is in need of repair so that it deleted text begin no longer servesdeleted text end new text begin
can serve
new text end its original purpose and the cost of the repair will not exceed the total benefits
deleted text begin determined in the original drainage system proceedingdeleted text end new text begin as determined by updating land
values based on the county assessor's most recent estimated market value
new text end .

(b) The order must direct the auditor and the chair of the board or, for a joint county
drainage system, the auditors of the affected counties to proceed and prepare and award a
contract for the repair of the drainage system. The contract must be for the repair described
in the repair report and as determined necessary by the drainage authority, and be prepared
in the manner provided in this chapter for the original drainage system construction.