2005 Minnesota Statutes

     103E.715 Procedure for repair by petition. 

    Subdivision 1.    Repair petition.  An individual or an 
 entity interested in or affected by a drainage system may file a 
 petition to repair the drainage system.  The petition must state 
 that the drainage system needs repair.  The auditor shall 
 present the petition to the board at its next meeting or, for a 
 joint county drainage system, to the drainage authority within 
 ten days after the petition is filed.  

    Subd. 2.    Engineer's repair report.  If the drainage 
 authority determines that the drainage system needs repair, the 
 drainage authority shall appoint an engineer to examine the 
 drainage system and make a repair report.  The report must show 
 the necessary repairs, the estimated cost of the repairs, and 
 all details, plans, and specifications necessary to prepare and 
 award a contract for the repairs.  The drainage authority may 
 give notice and order a hearing on the petition before 
 appointing the engineer.  

    Subd. 3.    Notice of hearing.  When the repair report 
 is filed, the auditor shall promptly notify the drainage 
 authority. The drainage authority in consultation with the 
 auditor shall set a time, by order, not more than 30 days after 
 the date of the order for a hearing on the repair report.  At 
 least ten days before the hearing, the auditor shall give notice 
 by mail of the time and location of the hearing to the 
 petitioners, owners of property, and political subdivisions 
 likely to be affected by the repair in the repair report.  

    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 no longer serves its original purpose and the 
 cost of the repair will not exceed the total benefits determined 
 in the original drainage system proceeding. 

    (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.  

    Subd. 5.    Apportionment of repair cost for joint county 
 drainage system.  For the repair of a joint county drainage 
 system, the drainage authority shall, by order, apportion the 
 repair cost among affected counties in the same manner required 
 in the original construction of the drainage system.  

    Subd. 6.    Repair by resloping ditches, leveling waste 
 banks, installing erosion control, and removing trees.  (a) 
 For a drainage system that is to be repaired by resloping 
 ditches, leveling waste banks, installing erosion control 
 measures, or removing trees, before ordering the repair, the 
 drainage authority must appoint viewers to assess and report on 
 damages and benefits if it determines that: 

    (1) the resloping, leveling, installing erosion control 
 measures, or tree removal will require the taking of any 
 property not contemplated and included in the original 
 proceeding for the establishment of the drainage system; 

    (2) any waste bank leveling will directly benefit property 
 where the bank leveling is specified; and 

    (3) the installation of erosion control measures will aid 
 the long-term efficiency of the drainage system.  

    (b) The viewers shall assess and report damages and 
 benefits as provided by sections 103E.315 and 103E.321.  The 
 drainage authority shall hear and determine the damages and 
 benefits as provided in sections 103E.325, 103E.335, and 
 103E.341.  The hearing shall be held within 30 days after the 
 property owners' report is mailed.  Damages must be paid as 
 provided by section 103E.315 as a part of the cost of the 
 repair, and benefits must be added to the benefits previously 
 determined as the basis for the pro rata assessment for the 
 repair of the drainage system for the repair proceeding only.  

    HIST: 1990 c 391 art 5 s 93