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SF 2380

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/12/2016 11:06am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 1st Engrossment

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A bill for an act
 relating to drainage; modifying drainage system repair procedures; requiring a
report; amending Minnesota Statutes 2014, section 103E.715, subdivision 4.

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

Section 1.

Minnesota Statutes 2014, 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 servenew 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 valuenew 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
 new text end

Sec. 2. new text begin REPORT.
new text end

new text begin By February 1, 2017, the drainage work group, created under Minnesota Statutes,
section 103B.101, subdivision 13, shall report to the legislature on changes to Minnesota
Statutes, chapter 103E, to more efficiently accomplish the updating of benefits and any
related measures to accomplish prudent management of public drainage systems.
 new text end