Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 162-H.F.No. 1678 
                  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 Polk county. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [OUTLET FEE FOR USE OF DRAINAGE SYSTEM IN RED 
        LAKE COUNTY AS OUTLET FOR DRAINAGE FROM POLK COUNTY.] 
           Subdivision 1.  [GENERAL.] Red Lake county may charge an 
        outlet fee for use of county ditch number two as an outlet for 
        drainage originating in Polk county, as provided in this 
        subdivision.  The outlet fee must be established by a joint 
        board established under subdivision 2. 
           Subd. 2.  [JOINT BOARD.] The boards of commissioners of Red 
        Lake and Polk counties shall appoint from their members a joint 
        board consisting of an equal number of members from each board. 
           Subd. 3.  [HEARING.] 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 Polk 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. 
           Subd. 4.  [ORDER.] 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. 
           Subd. 5.  [PAYMENT.] The outlet fee must be paid by 
        assessment against the benefited property in Polk county, under 
        Minnesota Statutes, section 103E.601, and credited to the 
        established drainage system account for county ditch number two. 
           Subd. 6.  [APPEAL.] A person whose property is subject to 
        assessments under subdivision 5 may appeal the order under 
        Minnesota Statutes, section 103E.091. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Under Minnesota Statutes, section 645.023, subdivision 1, 
        clause (a), this section takes effect, without local approval, 
        the day following final enactment. 
           Presented to the governor May 10, 1995 
           Signed by the governor May 11, 1995, 9:48 a.m.