SF 3655

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

A bill for an act
relating to local government; clarifying certain procedures in Pine County.

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

Section 1. new text begin PINE COUNTY DRAINAGE PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Public funding. new text end

new text begin When the drainage authority, another authorized
state agency, or a court of law determines an illegal action has occurred affecting a
drainage system in Pine County, the drainage authority must recover its resulting costs
from the parties contributing to causing the illegal action.
new text end

new text begin Subd. 2. new text end

new text begin Assessment reimbursements. new text end

new text begin Assessments after December 31, 2001,
by a drainage authority levied against landowners in a drainage system in Pine County
ditch number 1 stemming from drainage activities that were not legally authorized must
be reimbursed by the authority to the affected property owners. This subdivision does
not apply for assessments levied against landowners found to have caused or contributed
to an illegal action affecting Pine County ditch number 1.
new text end

new text begin Subd. 3. new text end

new text begin Abandonment proceeding in Pine County. new text end

new text begin (a) In any abandonment
proceeding under chapter 103E in Pine County, when 26 percent of the property owners
assessed benefits for the drainage system, or the owners of not less than 26 percent
of the property assessed, appear and make a written objection to the abandonment of
the drainage system, the drainage authority or court shall appoint three disinterested
persons as viewers to examine the property and report to the drainage authority or court.
The hearing must be adjourned to make the examination and report and a date must be
set to reconvene. The viewers, if appointed, shall proceed to examine the property of the
objecting owner and report as soon as possible to the drainage authority or court with
the description and situation of the property and whether the drainage system drains
or otherwise affects the property.
new text end

new text begin (b) When the hearing is reconvened, the drainage authority or court shall consider
the viewers' report and all evidence offered, and:
new text end

new text begin (1) if the drainage authority determines that the drainage system serves a useful
purpose to at least 26 percent of the property owners assessed or to the owners of at least
26 percent of the affected property, the petition for abandonment must be denied;
new text end

new text begin (2) if the drainage authority is not able to determine that the drainage system serves
a useful purpose to at least 26 percent of the property owners assessed or to the owners of
at least 26 percent of the affected property, and is not able to determine that the drainage
system is of public benefit and utility taking into account the determining factors under
section 103E.015, subdivision 2, the drainage authority or court shall make findings and
shall, by order, abandon the drainage system; or
new text end

new text begin (3) if the drainage authority is not able to determine that the drainage system serves
a useful purpose to at least ten percent of the property owners assessed, or to the owners of
at least ten percent of the affected property, then the authority shall make findings and
shall, by order, abandon the drainage system.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end