SF 1430

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drainage; providing for notification to 
  1.3             owner when survey is made; modifying the number of 
  1.4             signatures required for a petition; amending Minnesota 
  1.5             Statutes 1998, sections 103E.061; and 103E.215, 
  1.6             subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 103E.061, is 
  1.9   amended to read: 
  1.10     103E.061 [RIGHT OF ENTRY.] 
  1.11     (a) In proceedings under this chapter, the engineer, the 
  1.12  engineer's assistants, the viewers, and the viewers' assistants 
  1.13  may enter any property to make a survey, locate a drain, examine 
  1.14  the property, or estimate the benefits and damages, after first 
  1.15  directly notifying the landowner or occupant at least 24 hours 
  1.16  before the property entry. 
  1.17     (b) Upon departure of the property, the engineer, the 
  1.18  engineer's assistants, the viewers, and the viewers' assistants 
  1.19  must attempt to inform the landowner or occupant, in person or 
  1.20  in writing within five days of entry, of what was found on the 
  1.21  property. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 103E.215, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [PETITION.] (a) A petition must be signed by: 
  1.25     (1) at least 26 51 percent of the owners of the property 
  1.26  affected by the proposed improvement; 
  2.1      (2) at least 26 51 percent of the owners of property that 
  2.2   the proposed improvement passes over; 
  2.3      (3) the owners of at least 26 51 percent of the property 
  2.4   area affected by the proposed improvement; or 
  2.5      (4) the owners of at least 26 51 percent of the property 
  2.6   area that the proposed improvement passes over. 
  2.7      (b) The petition must be filed with the auditor or, for a 
  2.8   drainage system in more than one county, with the auditor of the 
  2.9   county having the largest area of property the improvement would 
  2.10  be located on. 
  2.11     (c) The petition must: 
  2.12     (1) designate the drainage system proposed to be improved 
  2.13  by number or another description that identifies the drainage 
  2.14  system; 
  2.15     (2) state that the drainage system has insufficient 
  2.16  capacity or needs enlarging or extending to furnish sufficient 
  2.17  capacity or a better outlet; 
  2.18     (3) describe the starting point, general course, and 
  2.19  terminus of any extension; 
  2.20     (4) describe the improvement, including the names and 
  2.21  addresses of owners of the 40-acre tracts or government lots and 
  2.22  property that the improvement passes over; 
  2.23     (5) state that the proposed improvement will be of public 
  2.24  utility and promote the public health; and 
  2.25     (6) contain an agreement by the petitioners that they will 
  2.26  pay all costs and expenses that may be incurred if the 
  2.27  improvement proceedings are dismissed.